Sullivan Act
The Sullivan Act, also known as the Sullivan Law, is a controversial gun control law in New York State. Upon first passage, the Sullivan Act required licenses for New Yorkers to possess firearms small enough to be concealed. Possession of such firearms without a license was a misdemeanor, and carrying them was a felony. The possession or carrying of weapons such as brass knuckles, sandbags, blackjacks, bludgeons or bombs was a felony, as was possessing or carrying a dagger, "dangerous knife" or razor "with intent to use the same unlawfully". Named for its primary legislative sponsor, state senator Timothy Sullivan, a notoriously corrupt Tammany Hall politician, it dates to 1911, and is still in force, making it one of the older existing gun control laws in the United States.
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[edit] A "may issue" act
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.
[edit] Notable New York City license holders
Outside of New York City, the practices for the issuance of concealed carry licenses vary from county to county within New York State. In New York City, the licensing authority is the police department, which rarely issues carry licenses to anyone except retired police officers. Critics of the law have alleged that New Yorkers with political influence, wealth, or celebrity appear to be issued licenses more liberally.[1] In recent years, the New York Post, the New York Sun, and other newspapers have periodically obtained the list of licensees through Freedom of Information Law requests and have published the names of individuals they consider to be wealthy, famous, or politically connected that have been issued carry licenses by the city police department.[2][3][4] Current and past New York City license holders include:
- Ronald Lauder
- Donald Trump
- Robert De Niro
- Howard Stern
- Don Imus
- Harvey Keitel [5]
- Steven Tyler and Joe Perry of Aerosmith [6]
Only about 30,000 private (non-law enforcement) licenses exist out of almost 8 million residents.[citation needed] All but 8,000 of these licenses are held by retired law enforcement personnel.[citation needed] Senator Charles Schumer has produced a letter from NYPD stating that he does not carry a gun permit from NYC. In a statement from Brian Fallon, a Schumer aide, he "insisted that except for winning an NRA marksmanship award at age 14, the senator does not own a gun or have a license to carry one." [7]
[edit] Controversy
Some question the constitutionality of the act, due to the Second Amendment of the U.S. Constitution. While the Supreme Court has only recently ruled that the Second Amendment prevents localities from enacting outright handgun bans, (See: Incorporation), the question of whether the Second Amendment provides grounds to invalidate local gun control laws like the Sullivan Act may be addressed given the recent decision by the United States Court of Appeals for the District of Columbia Circuit in Parker v. District of Columbia, which was affirmed by the Supreme Court in the case District of Columbia v. Heller. Other critics have argued the arbitrary nature of the law violates New York State constitution protections of due process and equal justice.[8]
Many believe the act was to discriminate against immigrants in New York, particularly Italians, as the first person arrested under the law was mobster Giuseppe Costabile [1]. Whether this was part of the law's intent, it was passed on a wave of anti-immigrant rhetoric as a measure to disarm an alleged criminal element. The police granted the licenses, and could easily discriminate against "undesirable" elements.
Statistics showed that gun murders in New York had risen 50 percent from 1910–1911; indeed, in 1910, mayor William Jay Gaynor was shot and seriously wounded (he later died from the wound; see Timeline of New York City crimes and disasters), and there were public calls for regulation of handguns.
[edit] See also
[edit] References
- ^ "Fighting Back: Crime, Self-Defense, and the Right to Carry a Handgun," by Jeffrey R. Snyder at https://www.cato.org/pubs/pas/pa-284.html
- ^ E! News - De Niro Packing Heat
- ^ Concealed Pistols Permits Drop in City - August 29, 2007 - The New York Sun
- ^ Don B. Kates, Jr., "The battle over gun control", The Public Interest, No. 84, Summer 1986, p.42-52.
- ^ Jo Craven McGinty, "The Rich, the Famous, the Armed", The New York Times, February 18, 2011.
- ^ Philip Messing and Murray Weiss, "NYPD big under fire in Aerosmith 'got a gun' scandal", New York Post, 24 Nov 2002.
- ^ Chuck Schumer says he’s not armed (updated) - Monday, October 25, 2010 - Albany Times Union, Capitol Confidential
- ^ Suzanne Novak, "Why the New York State System for Obtaining a License to Carry a Concealed Weapon is Unconstitutional", Fordham Urban Law Journal, November, 1998.
[edit] External links
- Suzanne Novak, "Why the New York State System for Obtaining a License to Carry a Concealed Weapon is Unconstitutional", Fordham Urban Law Journal, November, 1998. Lexis-Nexis link
