Res. No. 1024

Resolution calling on Congress and the President to oppose H.R.923/S.498, known as the “Constitutional Concealed Carry Reciprocity Act of 2015,” and related bill H.R.402, known as the “National Right-to-Carry Reciprocity Act of 2015,” which would allow a resident from one state who has a license to carry a concealed handgun to lawfully carry his or her handgun in a different state, regardless of the licensing eligibility standards in the other state.

By The Speaker (Council Member Mark-Viverito) and Council Members Gibson, Chin, Rose, Cohen, Van Bramer, Rosenthal, Levin and Kallos

                           Whereas, A permit to carry a concealed handgun allows an individual to carry his or her handgun outside of his or her home or place of business; and

                           Whereas, Both New York State and New York City have instituted stringent procedures governing whether citizens can lawfully possess and carry a handgun; and

                           Whereas, In New York State, in order to purchase a handgun an individual must first obtain a license to carry or possess a handgun; and

Whereas, The application process entails meeting strict eligibility requirements and a finding of there being no good cause to deny the license, including: (i) good moral character, (ii) older than 21 years old, (iii) never convicted of a felony, or serious offense, (iv) not a fugitive from justice, (v) not an unlawful or addicted user of any controlled substance, (vi) not an undocumented immigrant or admitted under a nonimmigrant visa, (vii) has not been dishonorably discharged from the Armed Forces, (viii) has not renounced his or her United States citizenship, (ix) stating if he or she has ever suffered any mental illness or been  confined  to any hospital or institution, public or private, for mental illness, and (x) having had a license revoked, suspended, or declared ineligible under state law, (xi) had a legal guardian appointed due to mental incapacity or lacks the mental capacity to manage his or her own affairs; and

Whereas, New York State has given the New York City Police Commissioner the authority to grant and issue licenses to carry firearms in New York City; and

Whereas, The Licensing Division of the New York City Police Department (“NYPD”) rigorously screens each applicant prior to granting a license; and

Whereas, The NYPD’s Licensing Division requires an in-person interview, tax returns, and performs a thorough background check which includes the inspection of sealed criminal records; and

Whereas, Applicants can be denied because they have a history of driving under the influence of alcohol, have unpaid traffic tickets, or simply because they were uncooperative during the application process; and 

Whereas, New York City does not recognize out-of-city permits; and

Whereas, A New York State permit is valid throughout the State except in New York City where such individual needs to obtain a special permit to validate such permit from the NYPD; and

                           Whereas, Although New York State and City possess these safeguards, there are pending bills in Congress that would undermine New York's efforts; and

                     Whereas, Representative Marlin A. Stutzman and Senator John Cornyn introduced H.R.923/S.498, known as the “Constitutional Concealed Carry Reciprocity Act of 2015,” and Representative Richard Nugent introduced H.R. 402,  known as the “National Right-to-Carry Reciprocity Act of 2015”; and 

Whereas, H.R.923/S.498 and H.R.402 would amend the United States Code to authorize an individual who is not prohibited from possessing, transporting, shipping, or receiving a firearm under federal law, who is entitled and not prohibited from carrying a concealed firearm in his or her state of residence or who is carrying a valid state license or permit to carry a concealed weapon, and who is carrying a government-issued photographic identification document, to carry a concealed handgun in any state in accordance with the restrictions of that state; and

                           Whereas, H.R.923/S.498 and H.R.402 would permit an individual to carry and conceal a handgun in New York State even if the license he or she holds is from another state with less stringent licensing standards; and

                           Whereas, H.R.923/S.498 and H.R.402 would therefore undermine the strict New York State and City licensing standards and create a loophole for those seeking to carry and conceal handguns; and          

                     Whereas, H.R.923/S.498 and H.R.402 would allow concealed carry permit holders from outside New York State and City to freely carry their loaded handguns in crowded tourist destinations and bustling business areas; and

                     Whereas, H.R.923/S.498 and H.R.402 would allow states with the weakest gun laws to dictate who may carry a handgun in New York State and City; and

                           Whereas, If H.R.923/S.498 and H.R.402 were enacted, the law would create serious and potentially life-threatening situations for law enforcement officers and make it difficult for an officer to verify the validity of such permits and distinguish legal from illegal handgun possession; and

      Whereas, Each state and local municipality should be able to determine for itself who may carry a concealed handgun within its borders; now, therefore, be it

Resolved, That the Council of the City of New York calls on Congress and the President to oppose H.R.923/S.498, known as the “Constitutional Concealed Carry Reciprocity Act of 2015,” and related bill H.R.402, known as the “National Right-to-Carry Reciprocity Act of 2015,” which would allow a resident from one state who has a license to carry a concealed handgun to lawfully carry his or her handgun in a different state, regardless of the licensing eligibility standards in the other state.

LS# 7343

3/16/2016

DA