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Senate Leader Proposes Ban On Open Carry Of Rifles, Shotguns

State Sen. Michael Gianaris, D-Astoria and Senate deputy majority leader, speaks during a news conference on congestion pricing in New York City earlier this year.

A high-ranking member of the state Senate is proposing amending state law to prohibit the open carry of shotguns and rifles – though there is an exception for hunters included in the proposal.

State Sen. Michael Gianaris, D-Astoria and Senate deputy majority leader, introduced S.9137 on Tuesday in the state Senate. The bill has already attracted co-sponsorship from several fellow Democrats in the chamber.

According to Gianaris’ legislative justification, California, Connecticut, Florida and Illinois prohibit the open carry of long guns while Massachusetts, Minnesota, New Jersey, Pennsylvania, Tennessee and Virginia have regulations

restricting the open carry of long guns.

“Reasonable restrictions on the open carry of long guns would lead to safer communities through a decrease in the rate of violent crime,” Gianaris wrote in his legislative justification. “The lack of licensing and restrictions on the open carry of long guns has allowed bad actors to display these weapons while engaging in various forms of intimidation including protests, counter-protests, intimidation in front of places of worship and places of reproductive health, and even at voting locations with the intent to intimidate voters.”

One piece of the legislation will make a technical correction in state law to ensure that someone prohibited from possessing a firearm is also barred from possessing a major component of a firearm. It would then add a prohibition on carrying a rifle or shotgun if the rifle or shotgun is visible to others.

Gianaris did include an exception to the open carry ban to include those who have a hunting permit or license issued by the state DEC or otherwise allowed to carry a rifle or shotgun under the state Environmental Conservation Law, as well as those taking hunter safety classes, marksmanship practice, marksmanship competition or training. There are also exceptions for police officers, peace officers, members of the military, historical re-enactors, those whose job includes handling antique firearms, those participating in military ceremonies, funerals and honor guards, and athletes competing in biathlons.

The final exception in Gianaris’ proposal is for those on private property as long as the owner of the property has given the gun owner permission to openly carry a rifle or shotgun by clear and conspicuous signs indicating open carry of shotguns and rifles is permitted or otherwise giving consent. Another exception is for those in their homes, places of business or private property under the gun owner’s control.

“The open carry of long guns has also presented a safety concern to law enforcement responding to emergencies in which active shooters have opened fire within or around crowds,” Gianaris wrote in his legislative justification. “Open carry of unlicensed shotguns and rifles makes it difficult for officials to identify and subsequently stop active shooters as it becomes challenging to make distinctions when several individuals are openly carrying weapons. Therefore, in order to protect our citizens and promote a safe environment, it is necessary to regulate the visible carrying of firearms in public.”

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