The Legislature convened an extraordinary session at the call of the Governor to pass legislation addressing recent decisions from the Supreme Court in New York State Rifle and Pistol Association v. Bruen and Dobbs v. Jackson Women’s Health Organization. The Extraordinary Session, originally scheduled for Thursday was postponed until Friday while bills were being finalized. The Legislature acted on a bill to limit where a gun can be carried and other provisions related to permits, as well as a constitutional amendment amending the equal protection clause of New York’s constitution.

Changes to Concealed Carry License Process

A.41001/S.51001

Permit Application Requirements

The legislation adds a definition of “good moral character,” which would mean “the essential character, temperament and judgment necessary to be entrusted with a weapon” and to use it only in a manner that does not endanger oneself or others. This language is modeled after the language used by Connecticut which the Supreme Court suggested is constitutionally permissible.

The bill expands the disqualifying circumstance related to previous involuntary commitments to mental health facilities to include those who have been involuntarily committed under similar laws of any other state. Current law only relates to those who have been involuntarily committed in this state pursuant to the laws of this state.

A person who has been convicted of any of the following offenses within the five years preceding the application would not be eligible for a license:

• Assault in the Third Degree, class A misdemeanor
• Misdemeanor “Driving While Impaired,” under section 1192 of the Vehicle and Traffic Law (VTL).
• Menacing in the Third Degree, class B misdemeanor

Applicants for a concealed carry permit would be required to meet with the licensing officer for an in-person interview. The applicant would also be required to submit the following information:

• Names and contact information for the applicant’s current spouse or domestic partner and current co-habitants, and an indication of whether any minors live with the applicant either full or part time
• Names and contact information for at least four character references who can attest to the applicant’s good moral character and that such applicant has not engaged in any acts or made any statements that suggest they are likely to engage in conduct that would result in harm to themselves or others.
• Anything else the licensing officer requests that is reasonably required to complete their review and assess good moral character

The applicant would also be required to provide a list of their social media accounts from the past three years. Use of such accounts would be limited to confirming statements of the character references.

Concealed carry permits would need to be renewed every three years. Licenses issued prior the effective date of the statute that were issued more than three years prior to such date or will expire in less than one year of such date shall be recertified or renewed within a year of the effective date.

Revocation

A license could be revoked where the holder engages in conduct that would have resulted in the denial of a license. A license can also be revoked where an applicant knowingly made a material false statement in the application.

Notice of a revocation must be issued in writing and include the basis for the determination, which must be supported by a preponderance of the evidence. It must also include a notice of the right to appeal such decision for revocation.

Training Requirements

The legislation creates new training requirements for concealed carry license applicants. Any person applying for a concealed carry license is required to complete a firearm safety course and a live-fire range training. The firearm safety training would include at least 16 hours of in-person live training. The applicant would be required to take a written exam and receive a score of at least 80 percent.

The live-fire training would include at least two hours of training. The Division of Criminal Justice Services (DCJS) and the State Police would promulgate regulations related to the proficiency level required.

Current concealed carry license holders would be required to complete this training prior to recertifying their license.

Sensitive Places

The legislation creates the new crime of Criminal Possession of a Firearm, Rifle or Shotgun in a Sensitive Location, PL § 265.01-e, which would be a class E non-violent felony, and thus would not be bail eligible. A person would be guilty of this offense when they possess a firearm, rifle, or shotgun in a place they know or reasonably should know is a sensitive location. Sensitive locations are:

• Any place owned or under the control of federal, state or local government, for the purpose of government administration, including courts;
• Locations providing health, behavioral health, or chemical dependence care or services;
• Places of worship or religious observation;
• Libraries, public playgrounds, public parks, and zoos;
• The location of any program licensed, regulated, certified, funded, or approved by OCFS that provides services to children, youth, or young adults, any legally exempt childcare provider, a childcare program for which a permit to operate such program has been issued by the Department of Health and Mental Hygiene pursuant to the Health code of the City of New York;
• Nursery schools, preschools, and summer camps;
• Any OPWDD, OASAS, OMH, OAS, and OTDA funded or regulated locations or facilities;
• Homeless shelters, runaways homeless youth shelters, family shelters, shelters for adults, domestic violence shelters, emergency shelters, and residential programs for domestic violence victims;
• Residential settings licensed, certified, regulated, funded or operated by DOH;
• Building or grounds of educational institutions, including colleges, universities, licensed private career schools, school districts, public schools, private schools, charter schools, BOCES, special act school, preschool special education programs, residential schools, and schools for people with disabilities, and any state-operated or state-supported schools;
• Places, conveyances or vehicle used for public transportation or public transit, subway cars, train cars, buses, ferries, railroad, omnibus, marine or aviation transportation or any facility used for or in connection with service in the transportation or passengers, airports, train stations, subway and rail stations, and bus terminals;
• Places used for consumption of alcohol or cannabis;
• Any place used for performance, art entertainment, gaming, or sporting events, such as theaters, stadiums, racetracks, museums, amusement parks, performance venues, concerts, exhibits, conference centers, banquet halls, gaming facilities and video lottery terminal facilities;
• Locations when being used as a polling place;
• Any public sidewalk or other public area restricted from general public access for a limited time or permitted special event, or subject to heightened law enforcement protection, or has otherwise had such access restricted by a governmental entity, provided such location is identified as such by clear and conspicuous signage;
• Any gathering of individuals to collectively express their constitutional rights to protest or assemble; and
• Times Square, provided such area is clearly and conspicuously identified with signage.

The bill also creates the crime of Criminal Possession of a Weapon in a Restricted Location, which would also be a class E non-violent felony and thus would not be bail eligible. A person would be guilty of this offense if they possess a firearm, rifle or shotgun and enters into or remains on or in private property where such person knows or reasonably should know that the owner or lessee of such property has not permitted such possession by clear and conspicuous signage indicating that the carrying of firearms, rifles or shotguns on their property is permitted or has otherwise given express consent.

Statewide License and Record Database

The legislation would attempt to implement statewide license and record database that was attempted to be created in SAFE Act. DCJS would be required to do a monthly check of the statewide permit and record database against criminal convictions, criminal indictments, mental health, ERPO, order of protection and any other relevant records to ensure that the permit holder remains eligible to hold a permit. A permit could be revoked if the holder engages in conduct that would have resulted in a denial of a permit.

The legislation also tries to revive the database for ammunition sales.

Safe Storage

The legislation makes changes to the safe storage law. Current law prohibits a person who owns a rifle, shotgun or firearm from storing or otherwise leaving such rifle, shotgun or firearm out of his or her immediate possession or control without having first securely locked such rifle, shotgun or firearm in an appropriate safe storage depository or rendering it incapable of use with an appropriate gun-locking device where the owner resides with an individual who: 1. is under the age of 16; 2. the owner knows or has reason to know is subject to an extreme risk protection prohibiting the possession of a rifle, shotgun or firearm; or 3. the owner knows or has reason to know is prohibited from possessing a rifle, shotgun or firearm because of a conviction for a felony or serious offense.

The legislation raises the age in safe storage laws so that the safe storage laws would apply if a person under the age of 18 lives in the home. It also adds a vehicle safe storage requirement that prohibits a person from leaving a loaded gun in a car outside of his or her immediate possession or control unless the gun is in a lockbox. Such lockbox must be stored out of sight from outside of vehicle.

Body Armor

The legislation makes changes to the body vest law that passed earlier this year. The bill changes “vest” to “armor” and creates a new definition for body armor. Body armor would be defined as any product that is a personal protective body covering intended to protect against gunfire, regardless of whether the product is to be worn alone or is sold as a complement to another product or garment.

Point of Contact

This provision would make New York a Point of Contact State, requiring DCJS to be the point of contact for background checks for firearm and ammunition purchases. DCJS would be required to report the name, DOB, and physical description of any person prohibited from possessing a firearm to the denied person files to the NCIC. The Superintendent of the State Police must create a plan to coordinate background checks for firearms and ammunition and must require that any seller of such firearms contact the state police to complete the background check. No application or sale of record can be conducted by a licensed dealer for the purchase or transfer of a firearm without first contacting the state police.

Equal Rights Amendment

A.41002/S.51002

The legislature also passed a concurrent resolution to amend the equal protection clause of New York’s Constitution, which currently prohibits discrimination by any person, business, or the government based on a person’s race, color, creed or religion. If passed by a separately elected legislature and ratified by ballot proposition at the next succeeding general election, the equal protection clause will also prohibit such discrimination based on a person’s age, disability, sex, including sexual orientation, gender identity, gender expression, pregnancy, pregnancy outcomes, and reproductive healthcare and autonomy.

The concurrent resolution was amended to provide new provisions that clarify that nothing in the equal protection clause shall invalidate any law designed to prevent or dismantle discrimination on the basis of one of the above protected classes. It also clarifies that none of the classes shall be interpreted to interfere with, limit, or deny the civil rights of any person based upon any other characteristic identified in this section.

Primary Election Update

Democratic and Republican Primaries for statewide offices and the state Assembly were held Tuesday in what has been characterized as a good night for incumbents and establishment candidates. Governor Hochul defeated both of her challengers handily as did her choice for Lieutenant Governor, Antonio Delgado. In the Republican primary for Governor, Lee Zeldin, the party’s preferred candidate defeated his three challengers by a large margin. There was no Republican primary for Lieutenant Governor.

State Assembly races saw few upsets, with most incumbents winning by large margins. Some races are still too close to call as absentee ballots may still be returned and counted, however, Assembly Insurance Chair Kevin Cahill finished election night down by roughly 500 votes and incumbents Tom Abinanti of Westchester and Jose Rivera of the Bronx finished well behind challengers.

Statewide Races

Democratic Primary for Governor

Kathy Hochul – 66.49% (575,159)

Jumaane Williams – 19.01% (164,409)

Tom Suozzi – 12.83% (111,011)

Democratic Primary for Lieutenant Governor

Antonio Delgado – 57.10% (493,820)

Ana Maria Archila – 23.34% (201,874)

Diana Reyna – 13.34% (115,338)

Republican Primary for Governor

Lee Zeldin – 43.51% (194,387)

Andrew Giuliani – 22.63% (101,102)

Rob Astorino – 18.09% (80,822)

Harry Wilson – 14.54% (64,977)

Assembly Races

Assembly District 24 (Democratic Primary)

David Weprin (incumbent) – 62.79%

Mizanur Choudhury – 15.87%

Albert Baldeo – 14.84%

Assembly District 28 (Democratic Primary)

Andrew Hevesi (incumbent) – 65.17%

Ethan Felder – 29.36%

Assembly District 29 (Democratic Primary)

Alicia Hyndman (incumbent) – 74.45%

Everly Brown – 19.18%

Assembly District 30 (Democratic Primary)

Steven Raga – 64.30%

Ramon Cando – 25.94%

Assembly District 32 (Democratic Primary)

Vivian Cook (incumbent) – 55.41%

Anthony Andrews – 41.83%

Assembly District 33 (Democratic Primary)

Clyde Vanel (incumbent) – 79.00%

Oster Bryan – 12.34%

Assembly District 35 (Democratic Primary)

Jeffrion Aubrey (incumbent) – 57.96%

Hiram Monserrate – 35.74%

Assembly District 37 (Democratic Primary)

Juan Ardila – 42.08%

Brent O’Leary – 25.32%

Johanna Carmona – 19.04%

Jim Magee – 9.92%

Assembly District 40 (Democratic Primary)

Ron Kim (incumbent) – 50.54%

Kenneth Chiu – 44.42%

Assembly District 43 (Democratic Primary)

Brian Cunningham (incumbent) – 55.92%

Jelanie Deshong – 18.26%

Tim Hunter – 12.55%

Pierre Albert – 7.72%

Assembly District 46 (Democratic Primary)

Mathylde Frontus (incumbent) – 60.82%

Dionne Brown-Jordan – 31.79%

Assembly District 50 (Democratic Primary)

Emily Gallagher (incumbent) – 78.09%

Paddy O’Sullivan – 19.04%

Assembly District 51 (Democratic Primary)

Marcela Mitaynes (incumbent) – 75.87%

Erik S. Frankel – 16.72%

Assembly District 54 (Democratic Primary)

Erik Dilan (incumbent) – 50.50%

Samy Nemir Olivares – 46.40%

Assembly District 55 (Democratic Primary)

Latrice Walker (incumbent) – 86.84%

Tracey Cashaw – 8.66%

Assembly District 57 (Democratic Primary)

Phara Souffrant Forrest (incumbent) – 63.90%

Olanike Alabi – 30.97%

Assembly District 58 (Democratic Primary)

Monique Chandler-Waterman (incumbent) – 62.44%

Hercules Reid – 33.11%

Assembly District 60 (Democratic Primary)

Nikki Lucas (incumbent) – 70.08%

Keron Alleyne – 26.45%

Assembly District 61 (Democratic Primary)

Charles Fall (incumbent) – 66.78%

Justine Cuccia – 29.12%

Assembly District 65 (Democratic Primary)

Grace Lee – 46.40%

Illapa Sairitupac– 33.12%

Denny Salas – 12.65%

Alana Sivin – 2.90%

Assembly District 66 (Democratic Primary)

Deborah Glick (incumbent) – 67.04%

Ryder Kessler – 28.92%

Assembly District 68 (Democratic Primary)

Edward Gibbs (incumbent) – 33.97%

John Ruiz Miranda – 22.82%

Tamika Mapp – 17.12%

Wilfredo Lopez – 16.36%

Assembly District 70 (Democratic Primary)

Inez Dickens (incumbent) – 56.49%

Delsenia Glover – 28.43%

Shawanna Vaughn – 9.44%

Assembly District 71 (Democratic Primary)

Al Taylor (incumbent) – 62.54%

Luis Tejada – 25.42%

Assembly District 72 (Democratic Primary)

Manny De Los Santos (incumbent) – 61.99%

Nayma Silver-Matos– 22.48%

Silvia Smith – 6.91%

Assembly District 73 (Democratic Primary)

Alex Bores – 26.51%

Adam Roberts – 22.59%

Russell Squire – 18.45%

Kellie Leeson – 18.43%

May Malik – 5.85%

Assembly District 75 (Democratic Primary)

Tony Simone – 34.10%

Layla Law-Gisiko – 24.70%

Harrison Douglas Marks – 16.93%

Christopher Lebron – 12.17%

Lowell Kern – 1.97%

Assembly District 76 (Democratic Primary)

Rebecca Seawright (incumbent) – 80.11%

Partrick Bobilin – 14.06%

Assembly District 78 (Democratic Primary)

George Alvarez – 44.69%

Jose Rivera (incumbent) – 26.60%

Emmanuel Martinez – 22.97%

Assembly District 81 (Democratic Primary)

Jeffrey Dinowitz (incumbent) – 60.84%

Jessica Altagracia Woolford – 36.67%

Assembly District 82 (Democratic Primary)

Michael Benedetto (incumbent) – 54.88%

Jonathan Soto – 35.22%

Algernon Quattlebaum – 7.54%

Assembly District 84 (Democratic Primary)

Amanda Septimo (incumbent) – 45.15%

Alberto Torres – 31.70%

Hector Feliciano – 13.37%

Assembly District 86 (Democratic Primary)

Yudelka Tapia (incumbent) – 77.21%

Pooi Stewart – 16.65%

Assembly District 92 (Democratic Primary)

MaryJane Shimsky – 53.10%

Thomas Abinanti (incumbent) – 43.56%

Assembly District 95 (Democratic Primary)

Dana Levenberg – 44.34%

Vanessa Agudelo – 34.26%

Colin Smith – 18.95%

Assembly District 103 (Democratic Primary)

Sarahana Shrestha – 51.01%

Kevin Cahill (incumbent) – 47.50%

Assembly District 111 (Democratic Primary)

Angelo Santabarbara (incumbent) – 64.31%

Justin Chaires – 32.92%

Assembly District 4 (Republican Primary)

Edward Flood – 46.30%

Thomas Weirmann – 44.14%

Assembly District 63 (Republican Primary)

Sam Pirrozzolo– 59.17%

Paul Ciurcina Jr. – 37.47%

Assembly District 106 (Republican Primary)

Brandon Craig Gaylord – 43.07%

Dean Michael – 37.01%

Assembly District 111 (Republican Primary)

Joseph C. Mastroianni – 44.46%

Michael Arbige – 37.27%

Assembly District 116 (Republican Primary)

Scott Gray – 51.55%

Susan Duffy – 45.87%

Assembly District 123 (Republican Primary)

Sophia Resciniti – 55.15%

Robin M. Alpaugh – 35.83%

Governor Appoints Chief Cyber Officer

The Governor announced the appointment of Colin Ahern as the state’s first ever Chief Cyber Officer. Ahern will lead cross-agency efforts to protect New York State from cyber threats. Ahern will oversee all cyber threat assessment, mitigation, and response efforts—working with executive management at every state agency to manage cyber risks and prevent attacks. Ahern will also lead the recently-announced Joint Security Operations Center formed by Governor Hochul in February.

Governor Hochul said:

DEC Denies Air Permit Renewals for Cryptomining Operation

The Department of Environmental Conservation denied the renewal of an air permits for Greenridge Generation in the Finger Lakes, which is being used to digitally mine cryptocurrency.  The decision to not renew the permit by environmental regulators came after a sustained push from advocates at the local and state level, which have sought to limit proof-of-work crypto-mining in New York due to concerns over the high amount of energy used in the process. Greenidge Generation Holdings Inc. said they plan to appeal the decision and that it will keep operating as usual while the appeal process plays out.