Gavin Howe
New York City's gun laws have been a subject of debate, with the Supreme Court ruling in June that the state's century-old proper cause gun licensing provision violates the Second Amendment. While the specific laws may vary from city to city, the Law Enforcement Officer Safety Act (LEOSA) allows qualified active and retired law enforcement officers to carry concealed firearms in all 50 states, including New York. This has raised questions about the applicability of LEOSA in New York, especially in sensitive locations like Times Square, where even concealed carry license holders are generally prohibited from carrying firearms. With New York's new legislation adding eligibility requirements for concealed carry licenses, it remains to be seen how the state will navigate the complex landscape of gun laws and exemptions for law enforcement officers, both active and retired, carrying firearms while off-duty in the state.
| Characteristics | Values |
|---|---|
| Law | Law Enforcement Officer Safety Act (LEOSA) |
| Applicability | Active, off-duty, and retired law enforcement officers |
| Location | All 50 states, including New York |
| Requirements | Qualification on one type of firearm enables carrying any firearm of that type |
| Magazine Capacity | Restricted to 7 rounds of ammunition in New York (SAFE Act) |
| Sensitive Locations | Times Square, schools within 1000 feet |
| License | Generally required in New York, but not for law enforcement officers under LEOSA |
| Training | 16-hour safety training course |
| Other Exemptions | Retired police officers, peace officers, armed security guards, active-duty military personnel |
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What You'll Learn
Law Enforcement Officer Safety Act (LEOSA)
The Law Enforcement Officer Safety Act (LEOSA) was enacted in 2004. It allows qualified active, retired, or separated law enforcement officers to carry a concealed firearm in any jurisdiction in the U.S. or U.S. territories, regardless of state or local laws. However, there are some areas that are off-limits to LEOSA, and officers must be mindful of these restrictions to avoid unknowingly violating the law.
LEOSA defines a "qualified law enforcement officer" as a current governmental agency law enforcement officer who is authorized to carry a firearm, is not the subject of disciplinary action, meets agency standards for firearm use, and is not under the influence of alcohol or other intoxicating substances. It also includes retired law enforcement officers who left their positions in good standing, were regularly employed as law enforcement officers for at least 15 years, have a non-forfeitable right to agency retirement benefits, have met state standards for training and qualification for active officers in the most recent 12-month period, and are not under the influence of alcohol or other intoxicating substances.
In New York City, there are specific laws and regulations regarding the carrying of firearms. While New York City generally requires individuals to obtain a license from the NYPD to carry or possess a firearm, there are exceptions for law enforcement officers and retired law enforcement officers who are authorized to carry a firearm under LEOSA. Additionally, certain sensitive locations in New York City, such as Times Square, have restrictions on carrying firearms, but these restrictions do not apply to law enforcement officers.
When travelling to New York City, law enforcement officers carrying firearms under LEOSA should be mindful of the local laws and regulations. For example, New York's SAFE Act restricts magazine capacity to no more than 7 rounds of ammunition, and LEOSA does not exempt out-of-state officers from this restriction. Officers should also be aware of the TSA and airline regulations regarding the transportation of firearms, which require handguns to be unloaded and locked inside a hard-sided container within their luggage.
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Carrying guns in sensitive locations
New York's gun laws have been subject to recent changes, with the Supreme Court ruling in New York State Rifle & Pistol Association v. Bruen that the state's previous gun licensing provision was unconstitutional. In response, Governor Hochul signed legislation to strengthen the state's gun laws and impose further restrictions on concealed carry weapons.
The state's gun laws now include a definition of "sensitive locations" where firearms cannot be carried. These include:
- Any place owned or under the control of federal, state, or local government for the purposes of government administration, including courts.
- Any location providing health, behavioral health, or chemical dependence care or services.
- Places of worship, except for those responsible for security.
- Libraries, public playgrounds, public parks, and zoos (with some exceptions for privately held land within public parks).
- Childcare facilities and schools, including nurseries, preschools, and summer camps.
- Times Square, a designated sensitive location.
However, there are exemptions to the prohibition of carrying guns in sensitive locations. These include law enforcement officers, retired law enforcement officers, peace officers, armed security guards, active-duty military personnel, and individuals lawfully engaged in hunting.
It is important to note that the Law Enforcement Officer Safety Act (LEOSA) allows state-certified law enforcement officers to carry a concealed handgun in all 50 states, including New York. When travelling to New York City, officers should be aware of the local gun laws and plan accordingly to avoid any issues or delays.
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Concealed carry license
In New York City, individuals wishing to carry or possess a firearm must obtain a license from the NYPD. The city does not honor concealed carry licenses from other states or other parts of New York State. There are exceptions for law enforcement officers and retired officers who are authorized to carry firearms under the federal Law Enforcement Officer Safety Act (LEOSA). LEOSA allows qualified active and retired law enforcement officers to carry a concealed firearm in all 50 states, including New York. However, New York has specific restrictions on magazine capacity, limiting it to no more than 7 rounds of ammunition.
Requirements for Concealed Carry License in NYC
The Supreme Court's ruling in New York State Rifle & Pistol Association v. Bruen has led to changes in the city's gun licensing provisions. While the city is implementing the decision, new eligibility requirements have been added to the concealed carry licensing process, including mandatory firearm training courses for applicants.
Concealed Carry in Sensitive Locations
There are restrictions on carrying firearms in designated sensitive locations, such as Times Square. However, certain groups, including law enforcement officers, are exempted from these restrictions. Private property owners or lessees may permit concealed carry license holders to enter their premises with firearms by displaying a sign indicating that firearms are permitted.
Law Enforcement Officers and Concealed Carry
Law enforcement officers, both active and retired, have certain privileges and restrictions regarding concealed carry in New York. While LEOSA allows them to carry firearms in all 50 states, they must adhere to specific ammunition restrictions and ensure they meet the qualifications and training standards set by their former agency or the state. Additionally, there are specific provisions for carrying firearms on school grounds, with a bill permitting active, off-duty, and retired law enforcement officers to possess firearms and carry more than seven rounds of ammunition on NYS educational grounds.
Other Considerations
It is important to note that the information provided here is not legal advice and that specific regulations and laws may vary across different jurisdictions within New York State. Individuals should refer to the relevant legislation and consult official sources for the most up-to-date and accurate information regarding concealed carry licenses and the laws pertaining to law enforcement officers.
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Carrying guns on school grounds
In New York, it is illegal to possess a shotgun, rifle, or firearm on school grounds without prior authorization from the educational institution. "School" is defined as a school, college, or university, and the law does not apply to forestry lands owned by the State University of New York College of Environmental Science and Forestry or a school bus. Criminal possession of a weapon on school grounds is a Class E felony, punishable by up to four years in prison, a fine, and a probation term of five years. The judge will consider factors such as criminal history when determining the sentence.
The New York State Senate passed a bill in 2019, S101A, which limits educational institutions' ability to authorize the possession of weapons on school grounds to school resource officers, law enforcement officers, or security guards. This bill was passed in response to the deadly shooting at Stoneman Douglas High School, which was the 18th school shooting to occur in the US in 2018. The bill's purpose was to ensure that only qualified and capable individuals outside of the classroom would legally carry guns on school grounds.
While law enforcement officers are generally permitted to carry concealed handguns in all 50 states, including New York, pursuant to the Law Enforcement Officer Safety Act (LEOSA), there are specific restrictions on magazine capacity in New York. Officers carrying under LEOSA must abide by the state's SAFE Act, which restricts magazine capacity to no more than seven rounds of ammunition.
It is important to note that the possession of firearms in designated sensitive locations, such as Times Square, is generally prohibited for concealed carry license holders. However, certain groups, including law enforcement officers, are exempted from these restrictions.
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Off-duty and retired officer carry laws
In New York City, individuals wishing to carry or possess a firearm are generally required to obtain a license from the NYPD. The city typically does not recognize concealed carry permits from other states or other parts of New York State. However, there are exceptions for law enforcement officers and retired law enforcement officers who are authorized to carry firearms under the federal Law Enforcement Officer Safety Act (LEOSA). This act was signed into law in 2004 and allows qualified active and retired law enforcement officers to carry a concealed firearm in all 50 states.
According to one source, the SAFE Act in New York restricts magazine capacity to no more than 7 rounds of ammunition. However, a new bill has been proposed to allow active, off-duty, or retired law enforcement officers to carry gun magazines with more than 7 rounds of ammunition on NYS educational grounds. The bill also seeks to amend the penal law to permit these officers to possess firearms on school grounds.
In New York City, there are designated sensitive locations where concealed carry license holders are generally not permitted to bring guns, such as Times Square. However, certain groups, including police officers, retired police officers, peace officers, and active-duty military personnel, are exempted from these restrictions.
It is important to note that while LEOSA authorizes retired law enforcement officers to carry concealed firearms, there is some ambiguity regarding qualification standards. While some departments and instructors argue that retirees must qualify yearly on each firearm they intend to carry, others interpret LEOSA as only requiring qualification on each type of firearm (handguns, long guns, shotguns). To address this, a cottage industry of instructors has emerged, claiming to offer LEOSA qualifications.
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Frequently asked questions
Yes, law enforcement officers are allowed to carry firearms in New York City. This includes retired law enforcement officers.
No, law enforcement officers are exempt from needing a license to carry a firearm in NYC. This is in accordance with the Law Enforcement Officer Safety Act (LEOSA).
Yes, New York's SAFE Act restricts magazine capacity to no more than 7 rounds of ammunition.
Yes, law enforcement officers are exempt from the prohibition of carrying firearms in sensitive locations. This includes Times Square.
Yes, a bill was passed to allow active, off-duty, or retired law enforcement officers to carry firearms on NYS educational grounds.
