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Gun laws in New York regulate the sale, possession, and use of firearms and ammunition in the state of New York in the United States. New York Civil Rights Law art. II, § 4 provides that "() well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms cannot be infringed." New York State Law does not require a hunting license to own or possess long guns or pistols. New York State Law does require a permit to own/possess a pistol. New York State Law does not require a permit to own or possess a long gun unless it falls under the definition of assault weapon. In 2013 New York State banned the sale and possession of assault weapons (guns that have certain features) NY SAFE Act. (NOTE: New York City has its own set of laws and requires permits to own any long gun or pistol) The Supreme Court of the United States ''DC v. Heller'' 554 U.S. 570 (2008) has ruled that "the right to bear arms" is an individual right and arms in common use are protected under the Second Amendment, and has further ruled that this right applies to residents in individual states in ''McDonald v. Chicago'' 561 U.S. 742 (2010). In a 2012 ruling a federal appeals court upheld New York state’s law requiring gun owners who seek a concealed-weapon permit to prove a special need for protection; their decision in ''Kachalsky v. Westchester'' held that New York law does not violate the Second Amendment right to keep and bear arms. == Overview == Most New York State gun laws are covered in two sections of New York Penal Law: Article 265 - Firearms and Other Dangerous Weapons; and Article 400 - Licensing and Other Provisions Relating to Firearms. These laws ban handgun possession and provide exemptions, including individuals licensed to carry handguns, or to possess them for other reasons, including sports, repair, or disposal. As the law's title indicates, New York's restrictive laws also apply to other items regarded as deadly weapons, such as certain knives, clubs, throwing stars, chemical sprays, explosives, rockets, fireworks and stun guns. Statewide, New York enforces various firearm related prohibitions, many proscriptions similarly listed in the now-expired Federal Assault Weapons Ban.〔NY Penal Code § 799.99 Definitions. (2010)〕〔NY Penal Code § 265.02 Criminal possession of a weapon in the third degree. (2010)〕〔NY Penal Code § 265.10 Manufacture, transport, disposition and defacement of weapons and dangerous instruments and appliances. (2010)〕 On January 15, 2013, the state assault weapons ban was made more restrictive by the NY SAFE Act. Specified rifle magazines are banned: a) manufactured after 1994; and b) the magazine holds in excess of 10 rounds (handguns included). (in December 2013 a federal judge ruled the seven-round magazine limitation as "'tenuous, straitened, and unsupported,' and therefore unconstitutional.". Any semi-automatic rifle (with a detachable magazine) or shotgun(non-pump) with just one of these features are banned: 1) pistol grip; 2) bayonet lug; 3) telescoping or folding stock; 4) flash suppressor; 5) threaded barrel; or 6) grenade launcher.〔(Bureau of Alcohol, Tobacco, Firearms, and Explosives - State Laws and Published Ordinances - Firearms )〕〔(Legal Community Against Violence - New York Laws, Policies, and Statistics )〕〔(NRA-ILA - Synopsis of New York Laws )〕 The SAFE Act expanded the ban to add the following features: 7) muzzle brake (Dec 2014 Federal court All references to muzzle "brake" be stricken); 8) muzzle compensator; 9) thumbhole stock; and 10) foregrip.〔("NY SAFE Act: Rifles — Banned Features" )〕 All semi-automatic versions of assault-style rifles and shotguns purchased prior to January 15, 2013 are grandfathered, but must be registered within one year of the SAFE Act passage.〔(New York passes major gun control law -- first since Newtown massacre ) - NBCNews.com, January 15, 2013〕 Enforcement of New York's firearms laws varies significantly throughout the state. Authorities in and around New York City, Long Island and other urban centers treat violations of state and local firearms laws as strict liability offenses, and arrest and prosecute anyone found illegally possessing or carrying a firearm regardless of actual intent, as will the New York State Police for anywhere in New York. In contrast, local law enforcement officials in rural upstate jurisdictions will only arrest and prosecute someone for unlawful weapons possession if there is clear demonstration of malicious intent. Case law in New York has established that a presumption of malicious intent exists for those found unlawfully possessing firearms, regardless of actual intent. Because of this, an individual simply possessing a firearm in an improper manner would have to resort to an affirmative defense to felony weapons charges, making it difficult to win an acquittal in court by placing the burden of proof on the defendant to show his or her intent in unlawfully possessing a firearm was not malicious. New York law also prescribes minimum mandatory prison terms for individuals found guilty of various weapons-related charges. Judges have little to no discretion to reduce prison sentences for firearms-related convictions, even after considering mitigating factors and other circumstances in such cases. As a result of the 1911 Sullivan Act and the broad home rule powers granted to local jurisdictions by New York State's Constitution, New York is a ''May-Issue'' state, in that the individual licensing official (typically a local police chief or sheriff) has discretion to issue a license or permit to possess handguns, or carry a concealed firearm. In practice, local policies for granting CCW permits to qualified applicants varies from ''No-Issue'' in New York City, its suburbs and other urban centers around the state to ''Shall-Issue'' in rural counties. The licensing authority may require the licensee go through firearms training and education, or dictate the conditions under which a permit holder can possess handguns or carry a concealed weapon. Permits issued in New York are valid statewide, except in the city of New York, unless validated by the police commissioner of that city. A New York City concealed carry license is valid throughout New York State. NY Penal Code 400 (6).〔http://ypdcrime.com/penal.law/article400.htm〕〔http://www.nyc.gov/html/nypd/html/firearms_licensing/handgun_licensing_information.shtml〕 The varied New York licensing and permit authorities has resulted in confusing handgun licensing policies, which a licensee must nevertheless abide by when outside the jurisdiction of permit issuing authority. For example, regardless of license, all New York residents with a concealed carry permit must still obtain a New York State pistol license, apply for a purchase document for each handgun purchased, and may possess only those handguns the license holder has registered with the state.〔〔 Of all the states that issue carry pistol licenses, New York State has arguably the strictest handgun licensing policies in the nation.〔(criminaldefenselawyer.com New York Gun Laws for Use, Possession, and Carrying )〕 New York City has even stricter laws, including those regulating firearms exclusively kept at home, thereby making it difficult to virtually impossible for ordinary citizens to obtain, possess, or carry firearms lawfully within New York City. In effect, New York City's restrictive firearms policies amount to a near-total ban on the acquisition, transport or possession of firearms by average citizens who reside in the city.〔New York City Administrative Code § 10-131 Firearms. (2010)〕 Permits have been issued, however, to a small number of celebrities, politicians, attorneys and other well-connected individuals. The combined non-refundable fees required to apply for a New York City concealed carry permit average around $5,000, with no guarantee the applicant will actually be issued a permit. The constitutionality of many of New York's restrictive firearms laws, including the newly enacted SAFE Act, are being challenged by lawsuits at the state and federal levels. Most of these laws have so far survived legal challenge, as judges overseeing such lawsuits have applied intermediate scrutiny, a lower standard of legal review than strict scrutiny where the court recognizes the government may enact laws that constrain a constitutional right to further an important government interest. In the case of New York's firearms laws, court rulings have largely upheld the core provisions of these laws on the basis that the government's interest in public safety justifies laws that regulate the individual right to keep and bear arms under the Second Amendment of the United States Constitution. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Gun laws in New York」の詳細全文を読む スポンサード リンク
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