New York City Adopts Emergency Rule to Let Nonresidents Apply for Firearm Carry Permits

Luke Saiz of Albuquerque, N.M., holsters a Glock 9mm handgun at a local gun shop on Sept. 12, 2023. Allan Stein/The Epoch Times

A gun rule change in New York City has expanded the ability of nonresidents to carry firearms in the Big Apple, in a move that has drawn mixed praise from gun rights advocates, who say New York gun laws remain too restrictive.

Citing the need to comply with recent U.S. Supreme Court rulings, the New York City Police Department (NYPD) adopted an emergency rule on Aug. 8 that will allow non-residents to apply for concealed carry permits.

Effective immediately, the new rule establishes a process by which people who don’t reside in New York State, are not principally employed in New York City, and do not have their principal place of business in the Big Apple, to apply to the NYPD for a carry license.

The new rule also amends the process of purchasing and adding firearms to an individual’s New York City firearms license, while removing a requirement for gun owners to submit the content of their social media accounts for the past three years.

The NYPD’s notice of adoption of the new rule, which has been signed by New York City Mayor Eric Adams, cites two U.S. Supreme Court decisions relating to Second Amendment rights.

The first is a 2022 ruling known as New York State Rifle & Pistol Association v. Bruen, which declared a New York gun law restricting the ability to carry a pistol in public for self-defense as unconstitutional. The decision struck down a New York law requiring applicants to show “proper cause” in order to obtain a carry license.

The second ruling is known as United States v. Rahimi, which allowed an individual to be temporarily disarmed if found by a court to pose a credible threat to the physical safety of another.

The notice states that the changes to New York City’s gun laws will “ensure that the City is able to properly regulate handgun ownership within NYC while also complying with the Bruen decision.”

“Delaying implementation of these additional rules would severely impede New York City’s ability to effectively and legally regulate handgun ownership within its jurisdiction,” the notice reads.

While the emergency gun rule allows nonresidents to apply for New York City carry permits, for which there was previously no process, it also subjects such individuals to the conditions of New York’s licensing scheme. This includes a requirement to complete 18 hours of training to be issued a permit, provide a form that reflects the results of a background check, and only be allowed to acquire one handgun within a 90-day period.

The new rule adjusts the number of handguns that an individual can own under a specific license. For premise residence permits, more than one handgun is allowed, provided that evidence is submitted of appropriate safeguarding. For carry licenses, two handguns are allowed, with more permitted if the individual provides evidence of complying with the premise residence safeguarding requirements.

Several gun rights advocacy groups praised the change, while voicing criticism of the overall licensing scheme.

Erich Pratt, senior vice president of the Gun Owners of America, said in a statement that the change is “great news for the untold millions of Americans who either work or visit New York every year.”

“It’s critical that everyone can exercise their inherent right to self-defense, but until now, anti-gunners in New York denied most Americans that basic right.”

Gun rights advocacy group Foundation for a Safer NY said in a statement that, despite the changes, New York City’s carry permitting rule “still infringes upon our rights, and that we should not be required to request permission to obtain new firearms. Even less so beg them to allow us to add them to our permits.”