Shootings Continue in the City, But It’s Not a Legal Gun Owner’s Fault

The Norwood News, in partnership with WFUV radio and BronxNet Television, continues its five-part series on the impact gun violence has had on Bronx neighborhoods and the people who live in them. 

New York State’s gun laws are notorious for being some of the toughest in the nation. But in New York City, legally obtaining a gun permit for use in the city could be even more challenging, thanks to century-old gun laws that apply to this day.

And the city appears to favor these laws as a means of curtailing any gun-related incidents. So far, it looks like they’ve worked as 91 percent of all gun-related incidents in New York City have involved an illegal handgun from 2011 to 2015, according to a 2016 study by then New York State Attorney General Eric Schneiderman.

The strategy can be a frustrating experience, leading many to seek greater relief.

In 1911, following an uptick in crimes, most notably a murder-suicide near Gramercy Park, New York State passed the Sullivan Act, requiring all handguns be licensed under the authority of the local police department. Two concepts—a “shall issue” and “may issue”—were adopted.

New York counties opt for “shall use,” where they must issue a handgun license to any person who satisfies the specific criteria determined by each individual jurisdiction. Excluding New York City, most applicants are granted their license by way of village or town justice or judge.

New York City handgun permits are granted under “may issue,” meaning the Police Department—under the authority of the police commissioner, who is appointed by the mayor— at its sole discretion, gets to choose whether it will issue a concealed carry license.

“There’s heavy political ramifications based on whoever’s holding these two positions,” says James Condoluci of Sure Shot Consulting, which helps New Yorkers apply for a handgun permit, of the influence from the police commissioner and mayor. Condoluci is a retired member of the NYPD who spent three years working in the NYPD’s License Division.

Hiring Consultants
The process for obtaining a handgun permit in New York City is convoluted, often leading prospective legal gun owners to enlist the help of a consultant. For Condoluci, such a move is useful.

“Any time you’re lacking specific knowledge in a particular area, if you don’t have the experience, you seek out those who do … you could be highly educated, holding multiple degrees, speaking 19 different languages, but if you never had experience with this particular process it can be daunting and intimidating, even more so with the City of New York than other municipalities,” says Condoluci.

Unlike applicants filing outside New York City, where decisions are made four months on average, those filing in the City seeking a firearm license are subject to high fees and waiting periods that take on average six months. While the fee for pistol permits vary by county, New York City’s fee is much higher by comparison, charging applicants $340 for the application, and an additional $88.25 for fingerprint fees. The cost of getting a city pistol permit becomes costlier when receiving help from a consultant, which can cost up to an extra $1,000.00, depending on the permit.

Types of Permit
New York City does not offer handgun permits to just anyone. Those seeking a permit in New York City are typically issued only one of two licenses—a premise or a full carry business license—though there are seven categories. The premise license is issued by the NYPD’s License Division for an individuals’ residence or business. This means that the handgun must remain on the premises listed on the license. A premise licensee can transport the handgun so long as it’s stored separate from the ammunition and kept in locked containers.

The full carry business license allows licensees to carry their weapon on them at all times. Licensees are subject to additional scrutiny by the license division’s commanding officer. Applicants must satisfy the “proper cause” stipulation, which requires the applicant provide proof of their need for this permit. But gun rights activists say the stipulation’s language is vague. Under NYS Penal Code 400 (2)(f) applicants can be granted a permit “when proper cause exists for the issuance thereof.” “Proper cause” cannot be based on the applicant’s perception of possibly being exposed to extraordinary personal danger.

“It needs to be corroborated by actual crime reports committed against you or your business. There’s nothing in the state statutes, or local or federal for that matter that say you have to be a victim of a crime to actually be entitled to this license,” says Condoluci. “By placing those demands on the applicant they’re almost saying that.”

Condoluci says this “proper cause” clause is “oppressive and unreasonable” and is at the broad discretion of the NYPD License Division.

“It is in part fueled by its ability to manipulate existing loosely written applicable state statutes, of which shall continuously fail to decisively identify fundamentally pertinent handgun license terminology,” says Condoluci. “They are further empowered to do so via an age-old vested authority of both existing state and city constitutions.”

Despite Condoluci’s take on the ‘proper clause’ stipulation, he still supports the NYPD’s efforts to control who gets their hands on a gun.

“I’m actually advocating for the department. I’m very selective on the people that I choose to move forward with simply because I spent 17 years on the street prior to going inside working for the license division. I take what I do very seriously, therefore just by having that initial interview and conversation I can pretty much decide, based on the conversation that we had, if I choose to go forward or just simply recommend them to someone else or be honest with them and say ‘there’s nothing I can do for you’” says Condoluci.