The second amendment of the United States Constitution gives Americans the right to bear arms. In order to own a gun, one must go through the right process. In the state of New York, a permit is required to buy and carry a handgun. The process of receiving a permit requires a thorough background check. If an individual is found in possession of a gun without a permit, they may face harsh consequences. A gun owner also must not let anyone else use their gun. Doing so may also require them to face serious penalties. Failure to follow these laws can put other people in danger. It is important to understand gun laws within New York before purchasing a gun.
Why Do I Need a Permit?
If an individual wishes to own a gun, it is required by law for them to have a permit. Permits allow law enforcement to monitor people who are buying and selling guns in the state of New York. It also lets them know an individual’s reason for owning a gun. Permits are also useful in the event of crimes. If a registered gun is used during a crime, the gun can be traced back to the individual who owns it. When purchasing a gun in New York, it is important that it is bought from a licensed gun dealer or a resident within the state. This ensures that you are abiding by all the necessary state laws.
Gun crimes are taken very seriously. When a gun owner does not have a permit, they can face serious consequences for breaking the law. Being charged with a gun violation can lead to possible jail time.
In order to apply for a gun permit, an individual must meet a number of requirements. The applicant must have a good moral character and be truthful when filling out their application. The requirements they must meet are:
- Over the age of 21, unless honorably discharged from the military
- Not dishonorably discharged from the military
- Not convicted of a felony or serious offense
- Have not previously had a gun license revoked
- Cannot be addicted to controlled substances
- State whether or not they have suffered from or been treated for mental illness
- Not committed to a mental institution involuntarily
- Never had a guardian appointed due to lack of mental capacity
- Never denounced their citizenship in the U.S.
- Be in the United States lawfully
- Have no clear reason for denial of a licenses
NY SAFE ACT
The New York Secure Ammunition and Firearms Enforcement Act (NY SAFE ACT) was created in 2013 to change the laws surrounding the handling of guns and ammunition in the state. Ammunition dealers are required to do background checks and report all of their sales to the state. Online ammunition dealers are also required to work with a New York State licensed dealer in order for the sale to be legal. In addition to this, mental health professionals must report any serious threats from a patient. The change in laws also increased the penalties for gun crimes. The Act requires that pistol owners renew their permits every 5 years.
Contact our Firm
If you are in need of experienced legal counsel for a criminal defense matter on Long Island or throughout New York State, please contact Grunwald & Seman, P.C. to schedule a consultation and we would be happy to assist you.