A New and More Sinister Way for New York to Disarm Its Citizens

Published on September 14, 2023
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William Kirk of Washington Gun Law analyzes New York's Concealed Carry Improvement Act (CCIA), focusing on the shift of background checks for firearms and ammunition from the federal NICS system to the New York State Police. He highlights concerns about processing delays, data security, and the potential for a state-run gun registry, which he argues violates federal law (18 U.S.C. Sec 926). The analysis suggests these measures are intended to hinder lawful firearm acquisition.

Quick Summary

New York's Concealed Carry Improvement Act (CCIA) now requires all firearm and ammunition background checks to be processed by the New York State Police, replacing the federal FBI NICS system. This change raises concerns about processing delays, data security, and the potential for an illegal state-run gun registry, which violates federal law (18 U.S.C. Sec 926).

Chapters

  1. 00:00Intro: NY Gun Laws & Bruen Decision
  2. 01:14New Background Check System for Ammo & Guns
  3. 02:30FFL Concerns: Delays, Data Security, Database
  4. 03:58Legal Challenge: Gazzola v. Hochul & Gun Registry
  5. 04:53Federal Law: 18 U.S.C. Sec 926 on Registries
  6. 05:41Conclusion: Disarmament via Administrative Delay

Frequently Asked Questions

What is the new background check requirement in New York?

New York's Concealed Carry Improvement Act (CCIA) now mandates that all background checks for firearm and ammunition purchases must be processed through the New York State Police, replacing the federal FBI NICS system for state residents.

What are the main concerns regarding New York's new background check system?

Federal Firearms Licensees (FFLs) are concerned about significant processing delays, the security of personal data, and the potential for the state to create a comprehensive firearm owner database, which could function as an illegal gun registry.

Does federal law allow states to create gun registries?

No, federal law, specifically 18 U.S.C. Sec 926(a)(3), explicitly prohibits any rule or regulation that requires firearm records to be transferred to state facilities for the purpose of establishing a registration system.

What is the Gazzola v. Hochul lawsuit about?

The Gazzola v. Hochul lawsuit challenges provisions of New York's Concealed Carry Improvement Act (CCIA), particularly focusing on the new background check procedures and the alleged creation of an illegal gun registry.

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