August 21, 2024

The Confusing and Tyrannical Process of Purchasing a Pistol in New York State
By: Tyler M.

 

Why Do We Need to Register a Handgun?

New York State is one of the only places in the country where you can’t own, carry, or even “possess” a handgun the day you turn 21. You can’t be gifted one at 18, and you can’t even legally fire one the day you hit 21 unless you’re taking the pistol permit course. That might sound crazy, especially when you realize that just a few hours away in Pennsylvania you can walk into a range and shoot a pistol without a license. So how did we get here?

The short answer: the Sullivan Act.

Passed in 1911, the Sullivan Act made it illegal to possess a concealable firearm in New York without a license. Private possession without that license is a misdemeanor, and carrying in public is a felony. The law was written as a “may issue” system, meaning a judge or police officer could decide who got a permit. This is very different from a “shall issue” state, where the authorities must issue the permit unless you’re legally prohibited, like if you’re a felon.

The problem with “may issue” laws is obvious: they allow prejudice and bias to creep in. Back in 1911, discrimination against Blacks, Italians, Native Americans, Jews, and Catholics was rampant, and the Sullivan Act was often used to keep those groups from arming themselves. Even lawman Bat Masterson, a friend of Sullivan, called the law “obnoxious” and questioned Sullivan’s mental state for pushing it.

Fast forward to today and those same discretionary powers still exist. Judges can deny someone a permit for flimsy reasons. A close friend of mine was denied recently because “he didn’t know his references,” which was complete nonsense. He appealed, and the judge eventually overturned the decision, but the whole process screamed bias. The only explanation we could think of was his skin color. That’s why at The Firing Pin we say it plainly: all gun control is classist and racist. The Sullivan Act is the textbook example.

I Want to Purchase a Pistol. How Do I Do That?

When I started working in the firearm industry back in 2014, getting a pistol permit was a hassle, but it wasn’t impossible. The hardest part was figuring out what each county required. In Genesee County, where we’re located, you had to take a short class. In Monroe County, you didn’t need a class at all. Every county had its own rules, and it was confusing.

Then in 2022, after the Bruen decision, Governor Kathy Hochul pushed through a stack of new laws. One of them now requires every applicant to take a 16-hour classroom course plus 2 hours of live fire just to apply.

I want to be clear: I agree that anyone who carries a handgun for self-defense should take a class. You should want to understand your firearm, how to use it, and the laws around use of force. What I don’t agree with is the state forcing it, because it creates a financial and time barrier. These classes aren’t free to run. Add in childcare, taking time off work, and the hundreds of dollars in application fees, and suddenly the people who need protection most are the ones priced out of it.

So, here’s what you’re looking at:

  • Take an 18-hour class

  • Fill out the application (requirements vary by county)

  • Pay hundreds in fees

Then you wait. And wait. It can take a year or more before you hear back. Technically, the law (NYS Penal Law §400.00(4-a)) says the licensing officer has six months to decide, but good luck holding them to that.

If you’re denied, appeal. Get a lawyer. It’s worth it.

If you’re approved, congrats. The state has now granted you the privilege to protect yourself, your family, and legally fire a handgun at 21 or older.

Now What? The Buying Process

Helping first-time buyers is one of my favorite parts of the job. Watching someone go from nervous and overwhelmed to confident and capable is why I love working the gun counter.

Shopping for your first pistol is like shopping for a car. Most of them work the same way, but some features and fits just click better than others. Don’t come in expecting one “best gun”; keep an open mind. And ladies, if a guy behind the counter tries to steer you into a revolver “because it’s easier,” just walk out. That’s outdated nonsense.

At The Firing Pin, we’ll line up multiple options for you, based on what you want to do with the gun and what feels right in your hands. From there, you can actually rent and shoot them. Just like you wouldn’t buy a car without a test drive, you shouldn’t buy a gun without test firing it first.

And please, ask questions. No question is too small or too dumb. Every one of us started somewhere.

Just Purchased: The Fun Part

In most states, after you pick your handgun and pass a background check, you walk out with it the same day. Not in New York.

Here, after you buy the gun, we give you a bill of sale (and in Monroe County, their special county forms too). You take that paperwork to the county clerk, pay them their fee, and they give you a “coupon” showing your new handgun has been added to your permit.

Bring that coupon back to us, and we’ll run your background check. Once it clears, you can finally take your handgun home.

Conclusion

The pistol buying process in New York is long and frustrating, but our goal at The Firing Pin is to make it as smooth as possible. We want you to feel educated, comfortable, and confident every step of the way.

If you ever have questions, reach out to us at info@thefiringpinny.com or call (585) 494-0333. We’re your neighbors, your friends, and your community. The firearm you purchase from us today may one day protect you, your family, or even ours.

Thanks for reading, and we’ll see you at the shop.


TL;DR:

Buying a pistol in New York State is a complex and frustrating process due to strict laws like the Sullivan Act, which can lead to biased permit denials. The process requires taking an 18-hour class, applying for a permit, and paying significant fees, followed by a potentially lengthy wait. Despite these challenges, The Firing Pin is committed to helping you navigate the process, find the perfect firearm, and ensure you feel confident and informed. Remember, ask questions, and test-fire your firearms before purchasing. We’re here to support you every step of the way.

1. New York State Penal Code, § 265 and § 400. Accessed link.

2. New York State, Chapter 195, 1911. In Laws of the State of New York. Albany, NY: Banks, 1911. Accessed link ( https://babel.hathitrust.org/cgi/pt?id=uc1.b4375314&seq=462]).   

3. Millard, Candice. Theodore Roosevelt and the Assassin: Madness, Vengeance, and the Campaign of 1912. Lanham, MD: Rowman & Littlefield, 2013. Link to Google Books (https://books.google.com/books?id=F3VBBAAAQBAJ&pg=PA67#v=onepage&q&f=false).