Under the second amendment of the Constitution, Americans are allowed the right to bear arms. This means they are legally able to own a gun. In order to do so, they are required to go through the proper channels to purchase one. In New York, residents need to have a permit to buy and carry a gun. The process of receiving a permit is thorough and requires a background check. If a person is in possession of a gun without owning a permit, they may face severe consequences as a result. Failure to follow gun laws can put other people in great danger. Before purchasing a gun, it is important to understand these laws.
Why Do I Need a Permit?
When a person wants to buy a gun, they are required by law to have a permit. With a permit, law enforcement can monitor those who are buying and selling guns within the state. It also notifies them a person’s reasoning for owning a gun. This can also be useful in the event that a gun was used during a crime. If the gun is registered, it can be traced back to the owner. When a gun is purchased in New York, it must be done from a licensed gun dealer or resident within the state. This ensures individuals are abiding by state laws.
If a gun owner does not have a permit, they can face very serious consequences. Gun violation charges can lead to possible jail time. Law enforcement and court in New York are strict in penalizing those who break gun laws.
When a New York resident wants to apply for a gun permit, they must meet certain requirements. The applicant has to have a good moral character and be truthful regarding their application. In addition to this, they must meet the following requirements:
- 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 regarding how guns and ammunition are handled throughout the state. The Act requires the following:
- Ammunition dealers must do background checks and report all their sales to the state
- Online ammunition dealers must work with a state licensed dealer in order for it to be legal
- Mental health professionals must report serious threats from any patients
- Pistol owners must also renew their permits every 5 years
- Increased penalties for gun crimes.
Contact our Firm
Kevin T. Conway has over 30 years of experience as a Spring Valley criminal attorney handling DUI, DWI, traffic violations, violent crimes, sex crimes, illegal gun possession, shoplifting, and juvenile crimes. Attorney Conway is also experienced in commercial law matters, zoning law, and estate planning. If you need a Rockland County criminal lawyer,contact our Spring Valley office for a free consultation.