AN ACT to amend the penal law, in relation to the sale and carrying of dangerous weapons
Senate voted
May 10, 1911
Signed into law
May 25, 1911
Sponsor(s)
Sen. Timothy Sullivan
Governor
John Alden Dix
Website
hdl.handle.net
Status: Partially struck down (New York State Rifle & Pistol Association, Inc. v. Bruen)
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The Sullivan Act was a gun control law in New York state that took effect in 1911.[1][2] The NY state law requires licenses for New Yorkers to possess firearms small enough to be concealed. Private possession of such firearms without a license was a misdemeanor, and carrying them in public is a felony. The law was the subject of controversy regarding both its selective enforcement[3] and the licensing bribery schemes it enabled.[4] The act was named for its primary legislative sponsor, state senator Timothy Sullivan, a Tammany Hall Democrat.
For handguns, the Sullivan Act qualifies as a may issue act, meaning the local police have discretion to issue a concealed carry license, as opposed to a shall issue act, in which state authorities must give a concealed handgun license to any person who satisfies specific criteria, often a background check and a safety class. According to a 2022 study, the law had no impact on overall homicide rates, reduced overall suicide rates, and caused large and sustained decrease in gun-related suicide rates.[5]
The case New York State Rifle & Pistol Association, Inc. v. Bruen was decided in the U.S. Supreme Court, evaluating the constitutionality of this law on Second Amendment grounds. Arguments were held in November of 2021, with the majority of the court striking down the "proper cause" requirement of the current law on June 23, 2022, for violating both the Second and Fourteenth Amendments to the United States Constitution.[6]
^"An Act to amend the penal law, in relation to the sale and carrying of dangerous weapons". Laws of the State of New York Passed at the Sessions of the Legislature. Vol. 134th sess.: I. 1911. pp. 442–445. hdl:2027/uc1.b4375314. ISSN 0892-287X. Chapter 195, enacted May 25, 1911, effective September 1, 1911.
^"New York Banned Handguns 100 Years Ago". History News Network (Washington University). 7 September 2011. Retrieved 2020-11-05.
^Wrightington, Sydney Russell; Fuller, Horace Williams; Spencer, Arthur Weightman; Baldwin, Thomas Tileston, eds. (1911). "The Legal World: The Sullivan Pistol Law". The Green Bag. 23. Boston Book Company: 608.
^United States Department of Justice "Former New York City Police Department Official Sentenced To 18 Months For Conspiring To Bribe Fellow Officers In Connection With Gun License Bribery Scheme". January 31, 2019
^Depew, Briggs; Swensen, Isaac (2022). "The Effect of Concealed-Carry and Handgun Restrictions on Gun-Related Deaths: Evidence from the Sullivan Act of 1911". The Economic Journal. 132 (646): 2118–2140. doi:10.1093/ej/ueac004. ISSN 0013-0133.
^Thomas, Clarence (June 23, 2022). "New York State Rifle & Pistol Association, Inc., Et Al. v. Bruen, Superintendent of New York State Police, Et Al" (PDF). supremecourt.gov. The Supreme Court of the United States. Retrieved June 30, 2022.
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