NY Proposed Bills A3855 and S5763

Proposed bills A3855 and S5763 (same as bills) were introduces into the NY Legislature in February and March 2023 by Assemblywoman Chantel Jackson (D, Bronx, NYC) and  Senator Kevin Parker (D, Brooklyn, NYC).  At that time, they were referred to committee, where they have sat. 

Something may be going on with them as SCOPE is hearing about activity on them in January 2024.

Gun owners be warned…these are extreme anti 2nd Amendment bills that would not stand up to scrutiny under the Bruen decision.  (But constitutionality never stopped the radical Left who seem to say, “Pass it and let them bankrupt themselves suing us.”)

From the official summary: Relates to establishing additional requirements to purchase a firearm, shotgun or rifle; requires a person to apply for a hunting license prior to the purchase of a shotgun or rifle; establishes additional requirements for all firearms, shotguns and rifles including taking a five hour gun safety course and exam, passing a shooting range test with 90% accuracy, providing notarized proof of a passed drug test and mental health evaluation, providing proof of purchase of firearm and ammunition safe storage depositories and passing a criminal background check.  (Emphasis added.)

Specifically, to purchase a firearm, rifle or shotgun, no license shall be issued or renewed:

• except by the licensing officer, and then only after investigation and finding that all statements in a proper application for a license are true. (More on this later.) 
• except for an applicant who has provided notarized proof of a passed drug test by a licensed physician; (Added cost & time.  Shouldn’t the government have to prove you failed a drug test.)
• unless the applicant has provided notarized proof of a passed mental health evaluation by a licensed physician; (Added time & cost.  Purely subjective.)
• unless the applicant has successfully completed live firing instruction and a test with at least ninety percent accuracy at a shooting range using the type of firearm he or she anticipates purchasing, possessing or acquiring.  There is an exception for Honorably Discharged Veterans; (No standards for the test.  Notice that they still used traditional gender terms…the Woke police will be coming for them!)
• unless the applicant has purchased a safe storage depository for his or her firearms and ammunition as evidenced by a receipt of such purchase.  (If you don’t have the receipt or it was a gift, there is no exception in the law for producing the actual storage unit.)  

Prior to the purchase of any rifle or shotgun a person shall also apply for a hunting license.  (Sorry, no self-defense.  You must hunt Bambi.)

No hunting license for the purchase of a rifle or shotgun shall be issued except for an applicant:

• who is not an unlawful user of or addicted to any controlled substance as  defined in  section  21 U.S.C.  802 and
• who has provided notarized proof of a passed drug test by a licensed physician; (Added cost & time.  Shouldn’t the government have to prove you failed a drug test.)
• who has stated whether he or she has ever suffered any mental illness.  (Not every mental illness makes you a risk but it will disqualify you.) 
• who has provided notarized proof of a passed mental health evaluation by a licensed physician; (Added time & cost.  Purely subjective.)
• who has successfully completed a five hour firearms safety course. Exception for Honorably Discharged and can produce evidence of official qualification in firearms during the term of service.  (More time & cost.)
• who has successfully completed live firing instruction and a test with at least ninety percent accuracy at  a shooting range using the type of rifle or shotgun he or she anticipates purchasing, possessing or acquiring; (No standards for the test.)
• who does not have a criminal record which would otherwise disqualify him or her from purchasing a shotgun or rifle; and
• who has purchased a safe storage depository for his or her rifle or shotgun and ammunition.  (If you don’t have the receipt or it was a gift, there is no exception in the law for producing the actual storage unit.)  

Before a license is issued, there shall be an investigation of all statements related to the requirements of this section by the duly constituted police authorities of the locality where such application is made.  (They have to investigate the truth in your statements.  Remember how efficiently and timely the new law on background checks has gone.  This puts those background checks on steroids.)

For that purpose, the records of the appropriate office of the department of mental hygiene concerning previous or present mental illness of the applicant shall be available for inspection by the investigating officer of the police authority.  (When the Left was pushing legalizing drugs, it said that reporting discourages people from dealing with their mental health issues.  Let’s not encourage gun owners with a mental health issue from coming forward, it’s not like they are in a favored class, like drug addicts.)

In order to ascertain any previous criminal record, the investigating officer shall take the fingerprints and physical descriptive data in quadruplicate of each individual by whom the application is made.     

one standard card shall be forwarded to and retained by the division of criminal justice services in the executive department, at Albany.   A search of the files of such division and written notification of the results of the search to the investigating officer shall be made without unnecessary delay. (Good luck on that!)  Thereafter, such division shall notify the issuing officer and the executive department, division of state police, Albany, of any criminal record of the applicant filed therein subsequent to the search of its files. 

second standard card, (supplied by the federal bureau of investigation), shall be forwarded to that bureau at Washington with a request that the files of the bureau be searched and notification of the results of the search be made to the investigating police authority. 

one shall be filed with the division of state police, in Albany, within ten days after issuance of the license, 

the other remain on file with the investigating police authority.

In acting upon an application, the issuing officer shall either deny the application for reasons specifically and concisely stated in writing or grant the application and issue the license applied for.

Summary reaction:

You have to pass a test to exercise your Constitutional rights.  What’s next, a civics test to exercise 1st Amendment rights?

Lots of added time and cost.  The recent background check laws should warn us as to what will happen.

Medical practitioners are increasingly pressured to toe-the-line on Leftist issues.  A mental health exam is subjective.

No procedure for challenging any of this is included.  But then again, you won’t be able to afford the challenge, anyway.

Will NY State and local entities be hiring additional staff to expedite the handling of these licenses?