BerettaGuy
.308 Win
The Sullivan Act was a gun control law passed in New York State in 1911. It required a license to carry a concealed weapon and was one of the first laws of its kind in the United States. The act was named for its primary legislative sponsor, state senator Timothy Sullivan, a Tammany Hall Democrat.
The law, however, was written in a way that prohibited ownership of a handgun, unless you had a license to carry concealed. The law has been controversial and remains a subject of debate, with some seeing it as a necessary measure for public safety and others viewing it as a violation of the right to bear arms.
At the time of the passage of the Sullivan Act in 1911, many of the police officers and political figures in New York City were of Irish descent. The Irish immigrants had a strong presence in New York City politics and law enforcement, and their influence helped shape the city's political landscape.
It is widely believed that the Sullivan Act was aimed at disarming Italian organized crime groups in New York City. At the time, there was a perception that Italian immigrants, particularly those involved in organized crime, were carrying firearms in large numbers and using them to engage in violent criminal activities. The law was enacted to address this issue and reduce crime and violence in the city.
The Sullivan Act remains in effect in New York State to this day. The law continues to require a license to carry a concealed weapon in New York City and the rest of the state. In recent years, the law has been the subject of debate and legal challenges, with some advocating for changes to the law to expand access to firearms and others seeking to strengthen existing restrictions. The current state of the law and its provisions can be subject to change depending on the outcome of ongoing legal and political battles over gun rights and gun control as in NYSPRA v Bruin.
Article 400. The provisions of the law continue to regulate the possession and carrying of firearms in New York State, including the requirement for a license to carry a concealed weapon. The law has been amended over the years, but the core provisions remain in place and continue to be enforced. The exact requirements for obtaining a license and the restrictions on carrying firearms can vary depending on the jurisdiction within the state, so it is important to consult the current provisions of the law for specific details.
The Sullivan Act has been criticized by some as being capricious and arbitrary in its application, meaning that the law is applied in a way that is inconsistent and lacks clear standards. This criticism is based on the fact that the discretion to approve or deny a concealed carry permit rests with the issuing authority, which has broad discretion to evaluate the applicant's need for the weapon and other factors. As a result, some have argued that the law is applied in an inconsistent and arbitrary manner, with some applicants being approved for a permit while others are turned down, even though they appear to have similar needs and circumstances.
Critics of the law argue that this discretion creates a situation in which the right to keep and bear arms can be arbitrarily limited, making the law an infringement on the Second Amendment. They argue that the law should have clear and consistent standards for the issuance of concealed carry permits, to ensure that the right to keep and bear arms is not unduly restricted.
It's worth noting that these criticisms were not universally accepted until NYSRPA v BRUIN, yet many legal scholars and lawmakers defend the law as a reasonable regulation that is necessary to ensure public safety and prevent the proliferation of firearms. As with many issues related to firearms regulation, the question of whether the Sullivan Act is capricious and arbitrary is a matter of ongoing debate and is likely to continue to be a subject of legal and political dispute.
According to the Sullivan Act, a New York citizen can not possess, touch, or own a handgun unless they apply for and receive a concealed carry permit. Simply purchasing a handgun to keep in your residence requires a Concealed Carry Permit.
The Sullivan Act requires a license to carry a concealed weapon in New York State. This means that, in order to legally possess, touch, or own a handgun in the state, a person must first apply for and receive a concealed carry permit.
The process for obtaining a concealed carry permit in New York can be complex and involves a number of requirements, including a background check, training, and demonstration of a need for the weapon. The issuing authority has the discretion to approve or deny a permit based on a variety of factors, including the applicant's criminal history, mental health, and need for the weapon. As a result, obtaining a concealed carry permit in New York can be difficult, and many applicants are turned down.
Here is the process that I had to endure.
I had to travel to the county seat and “pick up” an Application Packet. (This costs miles and parking fees)
I had to provide (in their own handwriting) four references that had to live in my town. (This costs miles and parking fees) It also creates a dilemma for people just moving into the State that may not know four people in the new town they are moving to.
Next, I had to attend an 8 hour Gun Safety Course for an $80 fee as well as more miles are driven) Upon receipt of a certificate for the course, the certificate becomes part of the packet. (Please remember: According to the law, if I so much as touch a handgun that is not registered to me on the back of my Carry Concealed License, which I don’t have yet, I am possessing an illegal weapon. ) That’s right, you train with toy guns or replicas.
Next, I have to provide two Pass Port Photographs and go to my local PD for a Fingerprint Card. Some charge and some don’t. Either way tack on more miles and possible parking fees not to mention the cost of the photos.
With a completed packet in hand after several months of preparation, I presented my packet. But the packet is then transferred back to the local PD to complete the Back Ground Check. NOTE: The law clearly states that the purpose of the “background” check is to verify that all statements made in the application are true.
This is where arbitrary and capriciousness enter the picture. No two police departments conduct the “background” check the same way. Some take 90 days others as in my case took 13 months to complete the investigation and return the packet to the Pistol Permit Office. The Licensing Authority in most counties is a Judge.
The Pistol Permit Office sends stacks of License Applications to the issuing Judge and this could take a week or 90 days.
Once the Judge signs off, the Pistol Permit Office sends you a letter and you learn if you are approved or denied.
At that time you are now allowed to shop for and purchase a handgun. You find the gun you want and the Gun Store gives you a piece of paper with the details. You once again drive to the County Seat, hand in your letter and the Gun Store coupon, Pay your fees to “register” the gun as well as the Permit Fee, and your license is finalized.
You may now return to the Gun Store to pick up your legally owned private property which can later be seized by the State upon your death.
The gun you purchased as well as any future purchases are all registered with the State and recorded on the back of the permit Brand - Type – Caliber – serial number.hey
The 2013 NY SAFE Act required that for you to loan or let someone else shoot your gun, they must be a permit holder and you must “transfer” the gun to the person with an FFL. This shows the real intent behind the law and the mentality of the proponents of the law. This law also provided that you must update the state’s records by sending to the State Police a detailed list of all the handguns listed on your permit.
Up until that time, all that gun registration data was recorded on paper in boxes in the basement of the 90 county seats of New York State gathering dust for over 100 years.
NOTE: The intent was that when a Death Certificate was created, it could be cross-checked with the Concealed Carry Permits and the guns of the deceased can be confiscated. I mention this to point out the mentality of the proponents.
The issue of whether or not the requirement to obtain a concealed carry permit in order to legally possess a handgun in New York State constitutes an infringement on the right to keep and bear arms as protected by the Second Amendment of the United States Constitution is a matter of legal and political debate.
Some argue that the requirement to obtain a permit constitutes an undue burden on the right to keep and bear arms and is therefore unconstitutional, while others argue that it is a reasonable regulation that does not unduly burden the right to bear arms. The interpretation of the Second Amendment and the extent to which it protects the right to bear arms is a complex and evolving legal question, and courts have issued conflicting rulings on the issue.
The U.S. Supreme Court has held that the Second Amendment protects an individual's right to keep and bear arms for self-defense in the home, but it has also recognized that reasonable regulations on the use of firearms are permissible. The constitutionality of the requirement to obtain a concealed carry permit in New York State has been challenged in court on several occasions, but the outcome of these challenges has varied, with some courts upholding the law and others striking it down as unconstitutional. NYSRPA v Bruin was the latest in that saga.
Ultimately, the question of whether the requirement to obtain a concealed carry permit in New York State constitutes an infringement on the right to keep and bear arms remains the subject of ongoing legal and political debate.
How could this law be left in place for over 110 years? Historically, I believe prosecutors understood the unconstitutionality of the law and when people were charged, a plea deal involved was always involved. No trial, no appeal as they say. Until NYSRPA v Bruin.
Unfortunately, even the NY Handgun Owners that went through the process were blind to the unconstitutionality of the scheme. After completing the process and receiving the permit, they were just happy to be able to exercise their Second Amendment Rights and thought that the one-time process was over as the license was “for life”. That too changed with the SAFE ACT. Now the permit must be renewed every five years.
It is hard for even the Second Amendment Advocates in NY to understand it all as they think it is this way in all the other states. Ignorance is bliss.
All Gun Control Laws were originally created out of the fear of freed slaves becoming armed. In other words, born out of racism. The Sullivan Act was passed to create an avenue to arrest Italian gangs by the Irish Gangs while touting virtue and concern for Public Safety. Same thing.
Will NYSRPA v Bruin provide relief for New Yorkers? If the actions of the Democrat State Legislature, Senate, and Governor are any indication. NO!
The law, however, was written in a way that prohibited ownership of a handgun, unless you had a license to carry concealed. The law has been controversial and remains a subject of debate, with some seeing it as a necessary measure for public safety and others viewing it as a violation of the right to bear arms.
At the time of the passage of the Sullivan Act in 1911, many of the police officers and political figures in New York City were of Irish descent. The Irish immigrants had a strong presence in New York City politics and law enforcement, and their influence helped shape the city's political landscape.
It is widely believed that the Sullivan Act was aimed at disarming Italian organized crime groups in New York City. At the time, there was a perception that Italian immigrants, particularly those involved in organized crime, were carrying firearms in large numbers and using them to engage in violent criminal activities. The law was enacted to address this issue and reduce crime and violence in the city.
The Sullivan Act remains in effect in New York State to this day. The law continues to require a license to carry a concealed weapon in New York City and the rest of the state. In recent years, the law has been the subject of debate and legal challenges, with some advocating for changes to the law to expand access to firearms and others seeking to strengthen existing restrictions. The current state of the law and its provisions can be subject to change depending on the outcome of ongoing legal and political battles over gun rights and gun control as in NYSPRA v Bruin.
Article 400. The provisions of the law continue to regulate the possession and carrying of firearms in New York State, including the requirement for a license to carry a concealed weapon. The law has been amended over the years, but the core provisions remain in place and continue to be enforced. The exact requirements for obtaining a license and the restrictions on carrying firearms can vary depending on the jurisdiction within the state, so it is important to consult the current provisions of the law for specific details.
The Sullivan Act has been criticized by some as being capricious and arbitrary in its application, meaning that the law is applied in a way that is inconsistent and lacks clear standards. This criticism is based on the fact that the discretion to approve or deny a concealed carry permit rests with the issuing authority, which has broad discretion to evaluate the applicant's need for the weapon and other factors. As a result, some have argued that the law is applied in an inconsistent and arbitrary manner, with some applicants being approved for a permit while others are turned down, even though they appear to have similar needs and circumstances.
Critics of the law argue that this discretion creates a situation in which the right to keep and bear arms can be arbitrarily limited, making the law an infringement on the Second Amendment. They argue that the law should have clear and consistent standards for the issuance of concealed carry permits, to ensure that the right to keep and bear arms is not unduly restricted.
It's worth noting that these criticisms were not universally accepted until NYSRPA v BRUIN, yet many legal scholars and lawmakers defend the law as a reasonable regulation that is necessary to ensure public safety and prevent the proliferation of firearms. As with many issues related to firearms regulation, the question of whether the Sullivan Act is capricious and arbitrary is a matter of ongoing debate and is likely to continue to be a subject of legal and political dispute.
According to the Sullivan Act, a New York citizen can not possess, touch, or own a handgun unless they apply for and receive a concealed carry permit. Simply purchasing a handgun to keep in your residence requires a Concealed Carry Permit.
The Sullivan Act requires a license to carry a concealed weapon in New York State. This means that, in order to legally possess, touch, or own a handgun in the state, a person must first apply for and receive a concealed carry permit.
The process for obtaining a concealed carry permit in New York can be complex and involves a number of requirements, including a background check, training, and demonstration of a need for the weapon. The issuing authority has the discretion to approve or deny a permit based on a variety of factors, including the applicant's criminal history, mental health, and need for the weapon. As a result, obtaining a concealed carry permit in New York can be difficult, and many applicants are turned down.
Here is the process that I had to endure.
I had to travel to the county seat and “pick up” an Application Packet. (This costs miles and parking fees)
I had to provide (in their own handwriting) four references that had to live in my town. (This costs miles and parking fees) It also creates a dilemma for people just moving into the State that may not know four people in the new town they are moving to.
Next, I had to attend an 8 hour Gun Safety Course for an $80 fee as well as more miles are driven) Upon receipt of a certificate for the course, the certificate becomes part of the packet. (Please remember: According to the law, if I so much as touch a handgun that is not registered to me on the back of my Carry Concealed License, which I don’t have yet, I am possessing an illegal weapon. ) That’s right, you train with toy guns or replicas.
Next, I have to provide two Pass Port Photographs and go to my local PD for a Fingerprint Card. Some charge and some don’t. Either way tack on more miles and possible parking fees not to mention the cost of the photos.
With a completed packet in hand after several months of preparation, I presented my packet. But the packet is then transferred back to the local PD to complete the Back Ground Check. NOTE: The law clearly states that the purpose of the “background” check is to verify that all statements made in the application are true.
This is where arbitrary and capriciousness enter the picture. No two police departments conduct the “background” check the same way. Some take 90 days others as in my case took 13 months to complete the investigation and return the packet to the Pistol Permit Office. The Licensing Authority in most counties is a Judge.
The Pistol Permit Office sends stacks of License Applications to the issuing Judge and this could take a week or 90 days.
Once the Judge signs off, the Pistol Permit Office sends you a letter and you learn if you are approved or denied.
At that time you are now allowed to shop for and purchase a handgun. You find the gun you want and the Gun Store gives you a piece of paper with the details. You once again drive to the County Seat, hand in your letter and the Gun Store coupon, Pay your fees to “register” the gun as well as the Permit Fee, and your license is finalized.
You may now return to the Gun Store to pick up your legally owned private property which can later be seized by the State upon your death.
The gun you purchased as well as any future purchases are all registered with the State and recorded on the back of the permit Brand - Type – Caliber – serial number.hey
The 2013 NY SAFE Act required that for you to loan or let someone else shoot your gun, they must be a permit holder and you must “transfer” the gun to the person with an FFL. This shows the real intent behind the law and the mentality of the proponents of the law. This law also provided that you must update the state’s records by sending to the State Police a detailed list of all the handguns listed on your permit.
Up until that time, all that gun registration data was recorded on paper in boxes in the basement of the 90 county seats of New York State gathering dust for over 100 years.
NOTE: The intent was that when a Death Certificate was created, it could be cross-checked with the Concealed Carry Permits and the guns of the deceased can be confiscated. I mention this to point out the mentality of the proponents.
The issue of whether or not the requirement to obtain a concealed carry permit in order to legally possess a handgun in New York State constitutes an infringement on the right to keep and bear arms as protected by the Second Amendment of the United States Constitution is a matter of legal and political debate.
Some argue that the requirement to obtain a permit constitutes an undue burden on the right to keep and bear arms and is therefore unconstitutional, while others argue that it is a reasonable regulation that does not unduly burden the right to bear arms. The interpretation of the Second Amendment and the extent to which it protects the right to bear arms is a complex and evolving legal question, and courts have issued conflicting rulings on the issue.
The U.S. Supreme Court has held that the Second Amendment protects an individual's right to keep and bear arms for self-defense in the home, but it has also recognized that reasonable regulations on the use of firearms are permissible. The constitutionality of the requirement to obtain a concealed carry permit in New York State has been challenged in court on several occasions, but the outcome of these challenges has varied, with some courts upholding the law and others striking it down as unconstitutional. NYSRPA v Bruin was the latest in that saga.
Ultimately, the question of whether the requirement to obtain a concealed carry permit in New York State constitutes an infringement on the right to keep and bear arms remains the subject of ongoing legal and political debate.
How could this law be left in place for over 110 years? Historically, I believe prosecutors understood the unconstitutionality of the law and when people were charged, a plea deal involved was always involved. No trial, no appeal as they say. Until NYSRPA v Bruin.
Unfortunately, even the NY Handgun Owners that went through the process were blind to the unconstitutionality of the scheme. After completing the process and receiving the permit, they were just happy to be able to exercise their Second Amendment Rights and thought that the one-time process was over as the license was “for life”. That too changed with the SAFE ACT. Now the permit must be renewed every five years.
It is hard for even the Second Amendment Advocates in NY to understand it all as they think it is this way in all the other states. Ignorance is bliss.
All Gun Control Laws were originally created out of the fear of freed slaves becoming armed. In other words, born out of racism. The Sullivan Act was passed to create an avenue to arrest Italian gangs by the Irish Gangs while touting virtue and concern for Public Safety. Same thing.
Will NYSRPA v Bruin provide relief for New Yorkers? If the actions of the Democrat State Legislature, Senate, and Governor are any indication. NO!
