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Ban State Firearms

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A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

Gun laws in New York

regulate the sale, possession, and use of firearms and ammunition in the U.S. state of New York, outside of New York City which has separate licensing regulations.

New York Civil Rights Law art. II, § 4 provides that “A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms cannot be infringed.” [1]

New York state law…

does not require a license to own or possess long guns, but does require a permit to legally possess or own a pistol. However, all firearms must comply with the NY SAFE Act, which bans assault weapons from ownership by private citizens, unless they were owned prior to the ban.[citation needed]

The City of New York has its own set of laws, and requires permits to own any long gun or pistol.[citation needed]

The U.S. Supreme Court in the case District of Columbia v. Heller, 554 U.S. 570 (2008) ruled that “the right to bear arms” is an individual right and a right to arms in common use are protected under the Second Amendment to the United States Constitution. The Court further ruled that this right applies against the states in McDonald v. Chicago, 561 U.S. 742 (2010).

In a 2012 ruling, the United States Court of Appeals for the Second Circuit upheld New York’s law requiring gun owners who seek a concealed weapon permit to prove a special need for protection; the decision in Kachalsky v. County of Westchester, 701 F.3d 81, held that New York’s laws do not violate the right to keep and bear arms.[2] The Supreme Court declined to review this ruling.[3]

In 2013, the Second Circuit asked the New York Court of Appeals whether part-time state residents are eligible for a pistol permit under New York law. In Osterweil v. Bartlett, 999 N.E.2d 516, the New York Court of Appeals answered that certified question in the affirmative.[4]

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