New gun laws start Sept. 1 but still no guidance from NYS on implementation

UPDATE: We have an update on new laws going into effect for gun owners in New York State. Upstate New Yorkers who currently have a concealed weapon permit won’t need to fulfill a training requirement.

The state’s Department of Criminal Justice Services said on Tuesday night that current concealed carry permit holders who live outside of New York City, Westchester, Nassau, and Suffolk counties are not required to take the training.

ROCHESTER, N.Y. – In less than two weeks, new laws go into effect that will impact legal gun owners or those looking to become legal gun owners in New York. The problem is the state hasn’t released guidelines on how it actually plans to implement the new laws.

In a special session earlier this summer, the NYS legislature passed a series of new requirements for people who want to carry a concealed weapon. As of September 1, hands-on live training is required but the state has not released a list of approved training sites or said how an applicant or permit holder looking to re-certify, can prove they are proficient in handling a gun.

The law states that 16 hours of in-person training including two hours of live fire range training is required. “The law stated that come September 1st if you want to apply for a new permit you needed to have already completed all of this training and pass proficiency,” explains Monroe County Clerk Jamie Romeo but that’s currently not possible.

If you’re thinking you might be able to get your application in before the new law goes into effect, think again. In Monroe County, all of the appointments are taken between now and September 1 and the way things stand currently, after that without the training, the application will be considered incomplete. “Come September 1, what can they do, because unfortunately, the policy is not to accept something that’s incomplete,” Romeo says.

If you already legally carry a handgun, you don’t have to worry just yet even if your recertification date is approaching. “If you already have a permit you have three years from your recertification date to go ahead and get that training done so you have a lot of time,” explains Romeo.

The County Clerk, Sheriff’s Office and Judges who determine whether to sign off on permits are all waiting on the state to lay out the actual policies to implement these changes. “Individuals will still be able to come into our office, they’ll still be able to file amendments, to add weapons or remove them,” explains Romeo. “They’ll still be able to apply for a possess-on-premises or a possess-for-employment which are two types of restricted licenses…but for individuals that wish to still apply for carry-conceal, there will be a new set of standards and a new set of laws, we still need to be able to provide individuals a standard and that’s not information we have yet.”

On Tuesday evening, a spokeswoman for the NYS Department of Criminal Justice Services told News10NBC Investigative Reporter Jennifer Lewke that current concealed carry permit holders who live outside of NYC, Westchester, Nassau and Suffolk counties are not required to take the training. 

She also added in a statement, “DCJS and State Police, in consultation with local licensing officials and law enforcement agencies, have developed policies and procedures for the new standardized firearm safety training required by law.  This guidance will be issued before the Sept. 1, 2022, effective date of the law.”

A lawsuit has been filed, claiming these new laws are unconstitutional. The defendants were seeking a preliminary injunction on Tuesday in federal court. The judge heard the case but reserved a decision indicating that he is likely to rule before the scheduled September 1st implementation date.