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 only a few states where you cannot own, carry, or even “possess” a handgun the day you turn 21, or be gifted one at 18. In fact, it’s ILLEGAL for you to fire a handgun the second you turn 21 in NYS unless you’re taking the pistol permit course [1]. But how did this come about? Why can we drive a few hours away to Pennsylvania and fire a pistol without a license?
Well, New York State enacted the Sullivan Act, a gun control law that took effect in 1911. The law requires licenses for New Yorkers to possess firearms small enough to be concealed. Private possession of such firearms without a license is a misdemeanor, and carrying them in public is a felony (under the Sullivan Act, laws have been “upgraded since” [2]. The act is classified as a “may issue” law, meaning that a judge or local police officer may issue a permit at their discretion, unlike in a “shall issue” state where the authorities must issue a permit unless the applicant is a prohibited person, such as a felon.
The issue with “may issue” permits, and the Sullivan Act as a whole, is the potential for prejudice. Everyone has their own biases, and those in positions of power are no exception. In 1911, when the Sullivan Act was passed, discrimination against Blacks, Italians, Native Americans, Jews, and Catholics was rampant, and the Sullivan Act was often used to prevent these groups from lawfully arming themselves.
At the time, “some critics argued that the law would primarily disarm law-abiding citizens, while others believed Sullivan was merely trying to control the criminals tied to his own operations” [3]. Lawman Bat Masterson, a friend of Sullivan’s, criticized the law as “obnoxious” and questioned Sullivan’s mental state over the legislation.
Even today, a judge can deny someone a permit based on race, socioeconomic status, or any other reason they see fit. A close friend of mine was recently denied a pistol permit because, according to the authorities, “he didn’t know his references.” This friend is as upstanding as they come, and we were all shocked by the denial, If I was granted a pistol permit, how can he be denied?. The only explanation we could think of was his skin color. After a long and expensive process, he appealed the decision and the judge called it nonsense, and issued him his permit.
At The Firing Pin, we firmly believe that all gun control is classist and racist…The Sullivan Act is a prime example.
I Want to Purchase a Pistol, How Do I Do That?
When I started working in the firearm industry in 2014, obtaining a pistol permit was difficult, but not overwhelmingly so. The most confusing aspect was understanding what each county in New York State required to get a permit. For example, only a few counties, like The Firing Pin’s own Genesee County, required a short course to apply for a permit. But in Monroe County, home to Rochester, you didn’t need to take a class at all! Every county has its own rules, and it’s wildly confusing.
However, near the end of 2022, our unelected tyrant Governor Kathy Hochul passed a slew of new gun control laws in response to the Bruen decision (which deserves an entire blog post of its own). One of these new laws, supposedly designed to keep New Yorkers safe from gun violence (because the dozens of useless laws we already had weren’t enough), made obtaining a permit even more difficult. Now, to even apply for a pistol permit, everyone must complete a 16-hour course and 2 hours of range time/live fire.
I want to be very clear. I firmly agree that everyone carrying a handgun for self-defense should take a safety class. If you carry or are about to carry a firearm, you should want a basic understanding of how a handgun works, how to select a handgun, and your state’s laws on the use of force.
That being said, I am staunchly against the state or any government agency requiring someone to do anything to express a right. A huge issue I (and all of us at The Firing Pin) have with laws like this is how classist they are. From a business standpoint, these classes are not cheap to put on. There’s labor, insurance, rentals, ammunition, etc., so these classes aren’t free to take. Already, someone with less disposable income is at a disadvantage. If they have kids, they need a babysitter; if they work, they have to take time off and lose income; and then the state charges hundreds of dollars in application fees.
All of that was an overly explained way to say this: To apply for a pistol permit in New York, you need to take an 18-hour class, apply for the license (with each county having its own application requirements), and pay your county hundreds of dollars in application fees.
Once you’ve completed the class, filled out your application, submitted it, and paid the county/state taxes on your right to arm yourself, you have to wait. Get comfortable because it can take over a year for your permit to be approved (or denied, without any refund).
If you’re denied, you should absolutely appeal the decision. This will require a lawyer and can be a bit pricey.
If you’re approved—congrats! The crown has granted you the blessing to protect yourself and your loved ones from the loss of life, limb, or eyesight and lawfully fire a handgun if you’re 21 and older.
Quick fact: Did you know that NYS Penal Law § 400.00(4-a) specifies that once an application is submitted, the licensing officer has up to six months to make a decision? So anything after six months is technically against the NYS penal code (though good luck fighting that battle).
Now what?
Now What? The Buying Process
Helping first-time buyers is one of my absolute favorite parts of working at the gun counter. Assisting someone in finding their perfect fit, helping them feel less intimidated, and setting them up to protect themselves, their family, and possibly even my family is why I look forward to coming to work every day.
Selecting your first handgun can be extremely daunting. You’ve probably spent hours researching things like “the best gun for the money” or “what concealed carry is best for women.” I love that you did your own research but remember—everyone has an opinion, and their opinions may not be what’s best for you. When you visit us (or any gun store), please keep an open mind. The purchase process is a lot like buying a car. Almost all handguns have similar controls (disregarding type differences). If you learn how to use one, you can generally understand how to use most of them. Similarly to a car—if you know how to drive one, you could get into almost any car and drive away.
When you walk into a gun shop, let the employee know what your intended use is, what frame size you’re looking for (micro-compact, subcompact, compact, or full size), and what you’ve researched in the past. If you’re a lady and the guy behind the counter only recommends you carry or shoot a revolver, please just walk out. This is outdated, “Fudd” nonsense. Anything a guy can shoot, you can too.
If you visit us at The Firing Pin, chances are we’ll have that exact handgun to show you (along with other similar firearms). If you don’t even know where to start, that’s completely fine—we’ll figure out exactly what you’re looking to do and pull out several options to find the perfect fit. This process can feel overwhelming, but remember, I’m your in-person shopping filter—I’m here to guide you to your ideal choice and answer any questions you have.
After we’ve selected a few handguns that feel comfortable for you in the shop, we can have you rent them so you can see how they shoot! This step is crucial. Just like car shopping, you wouldn’t buy a car without test-driving it—similarly, I strongly suggest you never purchase a firearm without test-firing it first. Before the fire we had in March of 2023, The Firing Pin had hundreds of pistols available for rent. Today, we have roughly 50 and are continuously expanding that list.
I cannot emphasize this enough: please, please, please ask questions. All of our staff are extremely happy to answer your questions, no matter how silly you think they might be. We all took our first steps into the world of guns at some point, and I promise you won’t be made to feel bad for asking a simple question. That’s why we’re here—to help make you the best you can be with a firearm.
Now this is the fun part (🙄)
Just Purchased: The Fun Part
If we lived in almost ANY other state, you would purchase a handgun from us, pass a background check, and walk out with it. But because we live in New York State, there are some extra steps… you know, to make the streets safe…
After you’ve found your perfect fit and we’ve completed the sale (meaning you’ve fully purchased the handgun), we’ll write you up what is called a bill of sale. For almost every county (except Monroe), this is a simple sheet of paper with our shop information, your personal details (name, address, permit numbers, etc.), and the gun’s details (make, model, type, serial number).
If you’re a Monroe County resident, they also require us to fill out the paperwork they used to handle. Their county form is identical to ours but includes your phone number and the county header. YOU WILL NEED BOTH OF THESE FORMS to go to Monroe County and register your firearm (and yes, if this feels redundant, that’s because it is). One last note on Monroe County: you must schedule an appointment (link) or mail in your add forms. If you are mailing them to the clerk’s office, you’ll need to fill out a third form and include it with the two forms we gave you at the shop. For more information, visit their website (link).
Once you’ve paid the county the necessary taxes to add a pistol to your permit, you will receive what is called a coupon from the county. Every county’s coupon looks slightly different, but typically it has a county seal, your information, and the gun’s information. This coupon is proof that you have registered the firearm, and we require this document to start your background check.
Once you complete the background check, one of our employees will run it, and the government will give us a Yes (proceed), a Maybe (delay), or a No (deny). Chances are you’ll get a proceed—after all, the crown has just granted you permission to own, carry, possess, and fire a handgun. Once we get the proceed, that’s it—you’ve successfully purchased your handgun!
Conclusion
The pistol buying process in New York is extremely frustrating, but all of us here at The Firing Pin want you to feel comfortable, educated, and as stress-free as possible. Your trust in us and our opinions means the world to us. If you ever have ANY questions about anything firearm-related, don’t hesitate to reach out to us via email at info@thefiringpinny.com or call us during business hours at (585) 494-0333. Seriously, we are here for you. We want you to be the best you can be with a firearm. We all live in the same area—we’re friends, neighbors, and members of each other’s community. What I sell you today could protect you, your family, or potentially mine.
Thank you for reading!!!
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).