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Firearm ownership, the law and what New Yorkers should know

In New York, firearm ownership is subject to some of the most stringent regulations in the country and legal gun owners must navigate licensing requirements, background checks, renewable permits and strict storage rules. Photo courtesy of Forrest Fisher

Sparked in part by protests tied to immigration enforcement and unrest in other parts of the country, questions about legal firearm ownership across the country have bubbled up in recent weeks.

With emotions running high nationwide, it’s worth stepping back and looking at what the law actually says, especially for law-abiding New York firearm owners who hunt, shoot and recreate responsibly.

Here in New York, firearm ownership is already subject to some of the most stringent regulations in the country. Legal gun owners must navigate licensing requirements, background checks, renewable permits and strict storage rules. Importantly, New York state officials have not announced any changes to firearm policy in response to recent immigration-related protests or enforcement activity.

At the federal level, firearm ownership and immigration enforcement are governed by entirely separate legal frameworks. For U.S. citizens and lawful permanent residents, the right to own firearms remains unchanged. Eligibility still hinges on the same requirements that have long been in place: passing a background check and complying with applicable state laws. Note that long gun and handgun ownership regulations vary from state to state. Undocumented immigrants (illegal aliens), under federal statute, are prohibited from possessing firearms or ammunition because they do not have lawful immigration status. The general public should be upset that we have allowed 20 million unvetted immigrants to enter the country from 2020-24.

Federal authorities have been clear that immigration enforcement operations are not aimed at lawful gun ownership by citizens. Officials say their focus remains on immigration violations and public safety, not on curtailing Second Amendment rights, though separate, recent individual interpretations from various legislative groups have muddied those waters. Firearm-related charges arise only when existing laws are broken, such as unlawful possession or the use of a weapon during criminal activity. National gun rights organizations have echoed that message.

Just as some people enjoy darts, bowling or long-range photography, target practice with a firearm is a challenge that requires precision, control and self-improvement. Photo courtesy of Forrest Fisher

The National Rifle Association, among others, has publicly stated that lawful firearm ownership by U.S. citizens is not affected by immigration enforcement actions or by protests connected to them. Demonstrations, even when they turn chaotic elsewhere, do not change firearm laws unless legislatures formally act to do so.

Law enforcement agencies have been quick to remind citizens that existing laws still apply at public demonstrations.

Carrying firearms at protests or in prohibited locations can result in confusion, arrest, loss of firearm privileges and possible danger to attendees, regardless of the cause being protested. For hunters, sport shooters, and other responsible owners, the takeaway is simple: know the rules, follow them carefully and use common sense. If you are part and parcel in obstructing federal officials from enforcing the laws, and you are carrying a firearm, good common sense says you should remain non-confrontational and stay out of their way. The FBI, DEA, ICE and Homeland Security teams are not fooling around.

Despite the way these issues are often linked in public debate, with the possibility of confusion from mainstream media, immigration enforcement and firearm regulation remain legally distinct. While both sit at the center of broader national conversations about public safety and civil liberties, nothing about recent enforcement actions has altered firearm ownership rights for law-abiding New Yorkers.

For those who enjoy the outdoors — whether in the deer woods, on the range, or afield with friends — the law remains what it has long been: responsibility, compliance and common sense still guide legal firearm ownership in the Empire State.

Gotta love the outdoors.

CALENDAR

Jan. 31 to Feb. 1: NY Musky Expo, Chautauqua Harbor Hotel, Celoron; Saturday: 9 a.m. to 5 p.m., Sunday, 9 a.m. to 2 p.m.; $15 admission — single day, $20 — two days; Sunday only admission: $10; kids under 12 are free; Info: Katia Rivers, 585-668-2550.

Feb. 1: Lakewood Rod and Gun Club, Winterfest Banquet & Drawing, dinner — 3 p.m., Music by “Ion Sky” 2-6 p.m. Info: 716-763-3955

Feb. 7: Lakeshore Longbeards NWTF Banquet, White Inn, 5 p.m. doors open, 6:30 p.m. dinner, live auction, raffles, annual youth event fundraiser; Info: Robert Turk, 716-673-6703; https://events.nwtf.org/EVT-20816.

Starting at $3.50/week.

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