Which Laws Can Counties Pass In New York?

In New York, the state legislature grants powers to local governments, including counties, cities, towns, and villages. While counties can pass laws, it's important to note that the five counties that make up New York City—Bronx, Kings, New York, Queens, and Richmond—do not have self-governance powers. These counties are governed by the City of New York, which has the power to enact local laws. Outside of New York City, counties have legislative bodies that can pass local laws, which are filed with the NYS Department of State. These laws cover various topics, including firearms regulations and animal-related ordinances.

Local laws and the legislative body

The legislative body of a local government in New York—whether it be a county, city, town, or village—has the power to adopt local laws. These local laws are filed with the New York State Department of State, as required by Section 27 of the NY Municipal Home Rule Law. The legislative body of each county is required to provide the NYS Department of State with a complete codification of all local laws.

The Municipal Home Rule Law was enacted on April 30, 1963, and it outlines the general powers of local governments to adopt and amend local laws, as well as the procedures for doing so. Local legislation submitted to the NYS Department of State since January 1, 1998, is available in an electronic database called the Local Laws Database, which can be searched by date, municipality, or topic/keyword.

The City of New York comprises five political subdivisions called boroughs, each of which is coextensive with one county: The Bronx (Bronx County), Brooklyn (Kings County), Manhattan (New York County), Queens (Queens County), and Staten Island (Richmond County). The Home Rule Amendment of 1924 granted the city the power to pass its own local laws. Prior to this, all local enactments were termed ordinances. The Charter of 1936 replaced the Municipal Assembly with the City Council, which was given legislative power by Chapter 2 of the New York City Charter.

The City Council website provides access to legislation from 1998 to the present, as well as a Legislative API platform that contains proposed and passed legislation, hearings, and monthly Stated meetings. A description of the city council's legislative process is also included on the website. The List of NYC Agencies and the Green Book Online provide brief descriptions of the responsibilities of each New York City agency and links to their websites.

Gun laws and restrictions

New York State's gun laws are designed to prevent criminals and those who threaten to harm themselves or others from purchasing or possessing firearms. The legislation also cracks down on illegal guns and bans the most dangerous assault weapons. New Yorkers can call 1-855-LAW-GUNS with questions on New York's gun laws or for assistance with form submissions.

Local laws are adopted by the legislative body of a local government (county, city, town, or village) and are filed with the New York State Department of State as required by Section 27 of the NY Municipal Home Rule Law. Local legislation submitted to the NYS Department of State since January 1, 1998, is available in an electronic database, the Local Laws Database, maintained by NYSDOS on its website. The legislative body of each county is required to provide the NYS Department of State with a complete codification of all local laws.

The City of New York comprises five political subdivisions called boroughs, each of which is coextensive with one county: The Bronx (Bronx County), Brooklyn (Kings County), Manhattan (New York County), Queens (Queens County), and Staten Island (Richmond County). The Home Rule Amendment of 1924 to the Constitution gave the city the power to pass its own local laws. Before 1924, all local enactments were termed ordinances. The Charter of 1936 replaced the Municipal Assembly with the City Council, which was given legislative power by Chapter 2 of the New York City Charter. The City Council site provides access to legislation from 1998 to the present, as well as a Legislative API platform that contains proposed and passed legislation, hearings, and monthly Stated meetings.

In addition to local laws, New York State gun owners must also comply with federal gun laws, which are enacted by the United States Congress and apply nationwide. These laws include restrictions on the sale and possession of firearms, as well as requirements for background checks and waiting periods for firearm purchases.

Pistol permits and licensing

In New York, local laws are adopted by the legislative body of a local government (county, city, town, or village) and filed with the NYS Department of State as required by section 27 of the NY Municipal Home Rule Law. Local legislation submitted to the NYS Department of State since 1998 is available in an electronic database called the Local Laws Database.

Pistol licenses from New York City are valid across the state. However, a New York pistol license (NYPL) is not valid in the five counties that comprise New York City. To bring a handgun into the city, you must have your license validated by New York City. Certain areas are off-limits for firearms, including schools and courthouses.

New York offers both resident and non-resident licenses. A non-resident license is for part-time New York State residents or anyone principally employed or with their principal place of business in the state. Each state determines the requirements and limitations on the carrying of firearms.

There are several types of NYPLs available, but the most common are the concealed carry and possess-on-premises licenses. Both licenses may be subject to restrictions, such as only carrying the firearm during hunting or when travelling to or from target practice. New York does not honor permits from any other states.

Municipal Home Rule Law

In New York, the Municipal Home Rule Law, passed on April 30, 1963, gives local governments (counties, cities, towns, or villages) the power to adopt and amend local laws. This law is an extension of the Home Rule Amendment of 1924, which gave cities the power to pass their own laws, replacing the Municipal Assembly with the City Council.

Article 2 of the Municipal Home Rule Law states that local governments have the power to adopt and amend local laws, with certain restrictions. These restrictions include the procedure for adoption of local laws, which is outlined in Article 3, and the requirement that all local laws be filed with the NYS Department of State, as per Section 27 of the Law.

Article 4 of the Law gives counties and cities the power to adopt charters, and Article 5 allows local governments to request the enactment of special laws relating to their property, affairs, or government.

The legislative body of each county is required to provide the NYS Department of State with a complete codification of all local laws. Local legislation submitted to the NYS Department of State since January 1, 1998, is available in an electronic database, the Local Laws Database, which can be searched by date, municipality, or topic/keyword.

City Council legislative power

The New York City Council is the city's legislative body and has the power to pass local laws. The history of the Council can be traced back to Dutch Colonial times when New York City was known as New Amsterdam. The present Council was established in 1938 under a new charter that designated it as the city's sole legislative body. The Council's legislative powers include approving the city budget, and authority over zoning, land use, and franchises.

The process of passing legislation in New York City typically begins with a bill (proposed legislation) filed by a Council Member with the Council's law clerk. The bill is then introduced at a "Stated Meeting" and referred to the appropriate committee. A public hearing is held, followed by committee debate and public testimony, after which the bill may be amended. The Speaker's Office plays a key role in this process, as all proposed legislation is submitted through it, and it assigns sponsors to bills.

The Council has used its legislative powers to pass various laws and resolutions. For example, it has passed legislation to reform broker fees to increase affordability for renters, expand services and resources for the older adult community, and improve the Department of Correction's responses to incidents of sexual misconduct. The Council has also voted to establish a Charter Revision Commission and passed a historic citywide zoning reform.

In addition to its legislative powers, the Council serves as a check against the mayor in a mayor-council government model. The Council has the authority to vote on commissioner appointments and can file lawsuits, as seen in the case of a joint lawsuit with the Public Advocate filed with the Supreme Court of the State. The Council also has oversight over city agencies and their performance, particularly in land use decisions.

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