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Gun laws in New York
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Location of New York in the United States
Gun laws in New York regulate the sale, possession, and use of firearms and ammunition in the U.S. state of New York.
New York Civil Rights Law art. II, § 4 provides that "[a] well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms cannot be infringed."[citation needed]
New York state law does not require a license to own or possess long guns, but does require a permit to legally possess or own a pistol. However, all firearms must comply with the NY SAFE Act, which bans guns considered "assault weapons" from ownership by private citizens, unless they were owned prior to the ban.
The City of New York has its own set of laws, and requires permits to own any long gun or pistol.[citation needed]
The U.S. Supreme Court case DC v. Heller 554 U.S. 570 (2008) ruled that "the right to bear arms" is an individual right and arms in common use are protected under the Second Amendment to the United States Constitution, and has further ruled that this right applies to residents in individual states in McDonald v. Chicago 561 U.S. 742 (2010).
In a 2012 ruling, a federal appeals court upheld New York's law requiring gun owners who seek a concealed weapon permit to prove a special need for protection; their decision in Kachalsky v. Cacace held that New York's laws do not violate the right to keep and bear arms.
In 2013, the United States Court of Appeals for the Second Circuit asked the New York Court of Appeals whether part-time state residents are eligible for a pistol permit. In Osterweil v. Bartlett 999 N.E.2d 516, the New York Court of Appeals answered that certified question in the affirmative.[1]
Contents
[hide]
1 Overview
2 Summary table
3 Handgun licensing
3.1 Overview
3.2 Application
3.3 Types of licenses and restrictions
3.4 Regional and cultural differences throughout the state
4 Assault weapons
4.1 Exceptions
5 New York City
6 Rifles and shotguns, antique handguns
7 Non-resident travel throughout the state
8 Federal protections
9 Miscellaneous laws
10 NY SAFE Act
11 See also
12 References
Overview[edit]
New York is generally perceived to be a highly restrictive state for purchasing, possessing, or carrying firearms. This is especially the case for New York City and its surrounding suburbs, and larger urban centers throughout the state where most New York State residents live and work. In contrast, most rural areas in New York State have relatively permissive firearms policies, particularly with respect to concealed carry.
Most of New York State's gun laws are covered in two sections of New York Penal Law: Article 265 - Firearms and Other Dangerous Weapons, and Article 400 - Licensing and Other Provisions Relating to Firearms. These laws ban handgun possession and provide exemptions, including individuals licensed to carry handguns or to possess them for other reasons, including sports, repair, or disposal. As the law's title indicates, New York's restrictive laws also apply to other items regarded as deadly weapons, such as certain chemical sprays, clubs, explosives, fireworks, knives, rockets, slingshots, stun guns, and throwing stars.
Statewide, New York enforces various firearm related prohibitions, many proscriptions similarly listed in the now-expired Federal Assault Weapons Ban.[2][3][4] On January 15, 2013, the state assault weapons ban was made more restrictive by the NY SAFE Act. Specified rifle magazines are banned: a) manufactured after 1994; and b) the magazine holds in excess of 10 rounds (handguns included). In December 2013, a federal judge ruled the seven-round magazine limitation is "'tenuous, straitened, and unsupported,' and therefore unconstitutional." Any semi-automatic rifle (with a detachable magazine) or shotgun (non-pump) with just one of these features are banned: 1) pistol grip; 2) bayonet lug; 3) telescoping or folding stock; 4) flash suppressor; 5) threaded barrel; or 6) grenade launcher.[5][6][7] The SAFE Act expanded the ban to add the following features: 7) muzzle brake (Dec 2014 Federal court All references to muzzle "brake" be stricken); 8) muzzle compensator; 9) thumbhole stock; and 10) foregrip.[8] All semi-automatic versions of assault-style rifles and shotguns purchased prior to January 15, 2013 are grandfathered, but must be registered within one year of the SAFE Act passage.[9]
Permits issued in New York are valid statewide, except in NYC, unless validated by the NYC police commissioner. A NYC concealed carry license is valid throughout the state. NY Penal Code 400 (6).[10][11]
For example, regardless of license, all New York residents with a concealed carry permit must still obtain a New York State Pistol Permit, apply for a purchase document for each handgun purchased, and may possess only those handguns the license holder has registered with the state.[6][7]
Summary table[edit]
Subject/Law
Long guns
Handguns
Relevant statutes
Notes
State permit to purchase? No Yes S 265.20, S 265.01 No NYS permit is required for long guns. Handguns require a permit. Permits are issued by County or State Supreme Court judges/justices outside of New York City, Nassau and Suffolk Counties, with a background check. Permits for those wanting to carry concealed are issued on a "may issue" basis, whereas permits to merely purchase and possess handguns in the home are issued on a "shall issue" basis. There is an application fee for each permit, as well as an amendment fee for each handgun added to the permit. NOTE: Different laws apply for NYC
Firearm registration? No Yes S 700.00, S 265.01 No registration for long guns. All handguns must be registered under a license. There is a $3 registration fee. Handguns are registered with purchase permit. The serial number and sale is noted down. It is illegal to possess any un-registered firearm. Antique weapons are exempted from this. All handguns must travel in the manner one's license is issued. No record is needed of previously owned handguns with law enforcement. *All rifles classified as assault weapons must be registered with the state by January 15, 2014. NOTE: Different laws apply for NYC
Owner license required? No Yes S 265.20, S 265.01 No license is required for long guns; however, New York State requires a license for handgun ownership. Handgun licenses are normally restricted to three types: residence or business premises permit (must issue generally), Target & Hunting, and Unrestricted Carry. Target and hunting allows carry while engaged in those activities. Unrestricted allows carry at any time. All permits issued outside of New York City are not valid in New York City EXCEPT for retired police and federal law enforcement officers with that status marked on their permit and for armored car guards on duty. The minimum age to be issued a handgun license is 21 unless you are a former or current member of the armed forces or law enforcement. NOTE: Different laws apply for NYC
Carry permits required? No Yes S 400.00 New York counties, and some police departments, issue pistol licenses on a "may issue" basis. Discretionary issuance policies vary widely across the state. Generally, it is harder to obtain a license in counties closer to large New York cities. Most counties that aren't a part of downstate New York have shall/reasonable issuance policies, but may administratively restrict time or place of carry (such as only for target shooting or hunting). It is not a crime to carry a weapon under a Target or Hunting permit for other purposes, but if caught or reported the permit will likely be revoked. Concealed carry without any kind of permit must be charged as a felony unless the weapon is unloaded and no ammunition for it is in possession of the person carrying. All permits are valid throughout the state, except in the City of New York, unless validated by the police commissioner of that city, NY Penal Law 400 (6). While New York law does not allow issuance of pistol licenses to non-residents, 2013 federal appeals court and State appeals court rulings clarified the residency requirement. This clarification allowed those domiciled outside of the state with a part-time residence in New York to be issued a permit at the discretion of the licensing officer.[1]
Assault weapon law? Yes Yes S 265.00, S 265.02 Possession of assault weapons is prohibited, except for those legally possessed on January 15, 2013 and registered with the state by January 15, 2014 or classified as an antique assault weapon. New York City, Buffalo, Albany, and Rochester have enacted their own assault weapon bans. Law enforcement and retired law enforcement are exempt from the assault weapons ban.
Magazine capacity restriction? Yes Yes § 265.02 Magazine size limited to 10 rounds. Law enforcement and retired law enforcement are exempt from the 10 round limit. Also exempt are antique high-quality magazines if registered to an associated antique assault weapon. Under the NY SAFE Act (signed on the 15th of January, 2013 by Gov. Andrew Cuomo) the magazine law was changed. A legal provision that mandated no more than 7 rounds that may be loaded into the magazine was struck down by a federal judge on December 31, 2013.
Title II (National Firearms Act) weapons restricted? Yes Yes S 265.02, S 265.02 Ownership of machine guns, suppressors, short-barreled rifles, and short-barreled shotguns are prohibited to the average citizen. Destructive devices are permitted except for rockets with greater than 3 ounces of propellant, which are prohibited. AOW's are legal to own but are still required to be on a pistol permit. AOW's disguised as non-firearms are illegal.
Open carry? Yes No S 265.35, S 265.01 The law is extremely vague on open carry. Open carry in public is not legal in most instances. While no law specifically bans open carry, a license to carry is issued to carry concealed as per penal law 400. Therefore, pistol permit holders must carry concealed. Open carry permitted while hunting and possibly on one's own property. Open carry of unloaded long guns is not explicitly prohibited by any law, but is generally not practiced.
Castle Doctrine Law? Yes* Yes* § 35.20 *New York has a castle doctrine law. It allows for the "use of (non-lethal) physical force in defense of premises and in defense of a person in the course of burglary." Lethal force is governed under §35.15.
State preemption of local restrictions? No No None New York preempts only handgun licensing.[12] Places such as Buffalo, Rochester, Albany, and most notably New York City have put in more restrictive gun laws, such as licensing of long guns and 5-round magazine limits.[13][14][15]
Peaceable journey laws? Yes Yes S 265.10 With certain restrictions (see below), most notably magazines are not exempt. Some law enforcement agencies (notably the New York State Police) do not recognize the federal Firearm Owners Protection Act, and may detain or arrest non-residents transporting firearms through New York in accordance with FOPA. Individuals in such situations would then have to use FOPA as an affirmative defense to firearms-related charges in court.
Background checks required for private sales? Yes Yes NY Gen Bus L § 898 (2012) For firearm transfers between private parties, a licensed dealer must conduct a background check, provide documentation of the check to the New York State Police, and keep a record of the transaction.[16]
NOTE: Different laws in New York City (see below)
Handgun licensing[edit]
Overview[edit]
The purchase of a handgun in New York is limited to only those individuals who hold a valid pistol permit issued by a county or major city within New York, and present to the seller a purchase document issued by the licensing authority, with the specific make, model, caliber, and serial number of the handgun indicated on the document. The possession of a handgun in New York is limited only to those individuals who hold a valid pistol license and are in possession of a registered handgun (one that appears on the license, indicating the specific make, model, caliber, and serial number of the handgun). The carry of a handgun in New York is limited only to those individuals who hold a valid pistol license, possess a registered handgun, and are carrying said handgun in compliance with the restrictions as they appear on the license and other applicable state and federal law.[6][7][17]
New York State Pistol Permits are not issued to out-of-state residents,[17] although New York will issue pistol licenses to part-time residents.[1] New York does not honor licenses or permits from any other states, although some states will recognize New York licenses without a formal agreement.[18]
Application[edit]
Application for a handgun license is made through an individual's county or major city of primary residence, usually the police or sheriff's department, or a separate licensing authority. In NYC, the licensing authority is the police commissioner. In Nassau and Suffolk counties on Long Island, the licensing officer is the county police commissioner or county sheriff, depending on where one resides. The licensing authority is a county court judge, or more rarely, a supreme court judge. State and FBI criminal records, along with state mental health records, are checked as part of the licensing process. In addition, applicants are required to supply four personal references from individuals unrelated to them by blood or marriage. These individuals may be required to fill out forms, varying in length by county, attesting to the applicant's "good character". Pistol license approvals can take from less than four months to more than six months, even though the law allows the licensing authorities no more than six months to process a license.[17]
Types of licenses and restrictions[edit]
Two types of pistol permits can be issued: possess on premises and concealed carry. Concealed carry permits may be restricted, but restrictions do not have the force of law. Permits issued outside of NYC are not valid in NYC unless a special license is issued granting validity.[19]
In addition to laws pertaining to the entire state, there are additional laws and statutes pertaining to licensing and permits in some of the major cities of the state.[20] However, NYC is the only place where an individual holding a valid New York State firearm license, obtained outside of NYC, who is traveling through NYC with a firearm must make no stops and must keep the firearm and ammo in separate locked containers that are not immediately accessible by the driver or any passengers during travel.
In New York State, pistol licenses are generally of two types: carry or premises-only.[17] "Premises-only" is the most common license issued in NYC and is supposed to be "Shall-Issue."[21] Restrictions can be placed on either of the above types of licenses; for example, many jurisdictions allow handgun license holders to carry handguns only while hunting (i.e., sportsman's license) and/or traveling to and from the range (i.e., target license).[17]
Regional and cultural differences throughout the state[edit]
Restrictions on handgun licenses in New York vary greatly from jurisdiction to jurisdiction. In contrast to "no carry" New York City, and some counties which only issue "to and from target shooting and hunting" licenses, many upstate counties issue unrestricted pistol licenses that allow unrestricted concealed carry of a loaded handgun (except at schools, court houses or courtrooms, and secure areas of airports).[citation needed]
This dichotomy in New York's handgun license policies (upstate rural vs. downstate urban) is an outgrowth of two specific cultural forces: the strength of home rule in the state and the tradition of the various hunting seasons in the rural counties.[citation needed]
Assault weapons[edit]
State law defines an assault weapon as:[22]
Semi-automatic rifles able to accept detachable magazines and one or more of the following:
Folding or telescoping stock
Pistol grip
Bayonet mount
Flash suppressor, or threaded barrel designed to accommodate one[8]
Grenade launcher (more precisely, a muzzle device that enables launching or firing rifle grenades, though this applies only to muzzle mounted grenade launchers and not those mounted externally).
Thumbhole stock[8]
A second handgrip or a protruding grip that can be held by the non-trigger hand[23]
Semi-automatic pistols with detachable magazines and one or more of the following:
Magazine that attaches outside the pistol grip
Threaded barrel to attach barrel extender, flash suppressor, handgrip, or suppressor
Barrel shroud that can be used as a handhold
Unloaded weight of 50 oz (1.4 kg) or more
A semi-automatic version of a fully automatic firearm
A folding, telescoping or thumbhole stock[24]
Semi-automatic shotguns with one or more of the following:[25]
Folding or telescoping stock
Thumbhole stock
A second handgrip or a protruding grip that can be held by the non-trigger hand
A fixed capacity in excess of 7 rounds
The ability to accept a detachable magazine
"Large capacity feeding device" is any belt, drum, strip, magazine, or similar instrument used to feed ammunition into a firearm that has a capability of holding more than ten rounds.[26]
Exceptions[edit]
The first exception for the previous assault weapons ban is that anything classified above is not an assault weapon if manufactured before September 13, 1994. However, with the new laws the only exception is for antique assault weapons that were manufactured 50 years prior to the current date. These firearms can still be continued to be purchased and sold so long as one registers them after purchasing them. This exemption also applies to high capacity magazines, although these must be specifically registered to the antique assault weapon. This loophole is the only way an ordinary citizen can still obtain assault weapons and high capacity magazines, such as G43's, older AR-15's, and M1 carbines (with bayonet lugs).
Police officers who are residents of the state may still own assault weapons and high capacity magazines. Retired police officers may also own assault weapons and high capacity magazines if they acquired them during the course of their career.[27]
Military members stationed within the state may still bring assault weapons into the state provided the military member has approval from his or her command.
New York City[edit]
Subject/Law
Long guns
Handguns
Relevant statutes
Notes
Permit to purchase? Yes Yes § 1-03, § 1-04, §2-03, § 5-01, § 5-25 Rifle/Shotgun Permit and Pistol Permit are prerequisites to purchase handguns and long guns respectively. A separate "Purchase Authorization" is required to purchase a handgun from a dealer, and one may not purchase a handgun more than once every 90 days. One may not purchase a rifle or shotgun more than once every 90 days. Upon purchase of a 5th handgun, residents must show evidence of possession of a gun safe for storage of firearms.
Firearm registration? Yes Yes § 1-03, § 1-04, §2-03 Registration for all firearms in place.
Owner license required? Yes Yes § 1-03, § 1-04, §2-03, § 5-01 Owner licenses are required for all guns.
Carry permits required? Yes Yes § 5-01, § 5-03, § 5-04 Permits are usually only issued to retired LEOs, celebrities, and armed guards. State permits (without an NYC endorsement) and out-of-state permits are not valid for concealed carry in NYC. However, individuals with a New York State Permit that does not have an NYC endorsement may transport a firearm through the city en route to and from locations outside of the city. The firearm must be unloaded and the journey through the city must be continuous and uninterrupted.
Assault weapon law? Yes Yes § 10-301 More restrictive version of New York's state laws, with a 5-round magazine limit for long guns and 10 for handguns.
NFA weapons restricted? Yes Yes § 10-301 All NFA weapons are outlawed.
Peaceable Journey laws? Yes No §10-301 i, (1) A non-resident may be arrested by police for transporting weapons through NYC and then be forced to reference the federal Firearm Owners Protection Act as an affirmative defense to charges of Unlawful Possession of a Weapon. Non-residents of NYC may transit the city with a rifle or shotgun without a permit, provided the weapon is unloaded and the person leaves the city within 24 hours.
Residents of NYC who wish to obtain a pistol license must apply through the New York Police Department License Bureau at One Police Plaza in Lower Manhattan.[28] The choice of licenses are: Unrestricted Concealed Carry License, Restricted Business Carry License, and Restricted Premises-only License.[28] NYC Unrestricted Concealed Carry Licenses are valid throughout the rest of the state. Security guards and business people who regularly carry valuables may be issued a Restricted Business Carry License which is valid only while conducting the business specifically as it was described, in great detail, on the application for the license. NYC premises-only licenses are the licenses issued to average citizens who cannot show a need for self-defense greater than any another average citizen. They are clearly marked: RESTRICTED - NOT FOR CARRY and require the licensee to obtain special permission from the NYPD License Bureau to leave the city with the handgun, unless hunting with a valid hunter authorization card. Most licenses issued in NYC are for on-premises possession only, for self-defense within the home or business. Transporting the handgun to and from a target range is permitted, but the firearm must be unloaded and in a locked container directly to and from a range within city limits. Traveling through NYC with a license issued from another jurisdiction within the state must be done in accordance to law (locked box, in vehicle's trunk, no unnecessary stops).[6][7][28]
A person carrying a firearm without a valid permit in NYC could be charged with "criminal Possession of a Weapon in the Second Degree," a felony. Unlawfully carrying a firearm in NYC is typically punishable by a prison term of 3 1/2 years. A high-profile example of the penalties associated with New York's restrictive gun laws is the 2-year prison sentence served by former New York Giants wide receiver Plaxico Burress, after pleading guilty to a charge of Unlawful Possession of a Weapon, stemming from his accidentally shooting himself in the leg at an NYC nightclub with a concealed handgun, at which he did not have a valid NYC concealed carry permit. At the time of the accidental shooting, Burress had a Florida concealed carry license, which is not valid in New York.
NYC's firearms policies require that special permission must be obtained from City Hall for military members to carry weapons while performing their official duties within the city limits. For example, in November 2012, then-mayor Michael Bloomberg denied a request by the New York National Guard for its members to carry service weapons to help maintain order in devastated parts of the city in the aftermath of Hurricane Sandy, calling the presence of armed service members in Brooklyn "a bad idea," and further stating, "The NYPD is the only people we want on the street with guns."[29] NYC's gun laws are currently being challenged by the New York State Rifle and Pistol Association in Federal Court, claiming the laws infringe on their Second Amendment rights.[30]
City ordinances and New York's state laws also require medical facilities to notify the police within a specified period of time after admitting anyone with gunshot wounds. Hospitals or clinics that fail to comply with this requirement face fines and other penalties.
Rifles and shotguns, antique handguns[edit]
Prior to January 15, 2013, rifles deemed assault-style did not have to be registered in any jurisdiction within New York except for NYC.[6][7] Since enactment of the NY SAFE Act, all grandfathered operable assault-style rifles purchased prior to January 15, 2013 must now be registered. The deadline to register these weapons was on or before January 14, 2014. NYC requires registration and has additional restrictions such as they cannot take a detachable magazine having a capacity greater than five rounds.[31] Laws pertaining to the handling of rifles are in sharp contrast to those of handguns. For example, licensed carry of a handgun on one's person allows the handgun to be fully loaded, including within an automobile, while visiting a place of business or while crossing a public road while hunting. A rifle or shotgun cannot be kept loaded in any of the above circumstances except for a self-defense emergency.[32] Antiques and replica handguns must be registered to be legally loaded and fired.[33]
Non-resident travel throughout the state[edit]
State law provides restricted exceptions for interstate transportation of firearms by non-residents. Non-residents may transport any lawful firearm through the state to any place outside of it where an individual may lawfully possess and carry such firearm.
The firearm must be unloaded while in transit within the state. The firearm and any ammunition for it must not be easily accessible by anyone in the vehicle's driver or passenger area. For example, the gun and ammunition must be kept in the storage area of the vehicle, such as a car's "trunk." In vehicles without a storage area separate from the driver or passenger compartment, the firearm or ammunition shall be contained in a locked container other than the glove compartment or console."[34] You may also transport a firearm for target competition purposes, "by a person who is a member or coach of an accredited college or university target pistol team" and "while attending or traveling to or from, an organized competitive pistol match or league competition under auspices of, or approved by, the National Rifle Association and in which he is a competitor, within 48 hours of such event or by a person who is a non-resident of the state while attending or traveling to or from an organized match sanctioned by the International Handgun Metallic Silhouette Association and in which he is a competitor, within 48 hours of such event."[35]
Federal protections[edit]
The state of New York is of particular concern to interstate motorists who travel with firearms because it separates all six New England states from the rest of the United States. This means that under the Firearm Owners Protection Act (FOPA), all people traveling through the state with firearms are protected by federal law, however they must have their firearms unloaded and locked in a hard case where they are not readily accessible (e.g. in the trunk of a vehicle).[36]
Even with federal protections for those who properly secure their firearms and ammunition while transiting through New York, some police agencies in New York (notably the New York State Police and the New York Police Department) do not recognize the federal Firearm Owners Protection Act, and may still detain or arrest travelers, and place such travelers in a situation where they have to reference FOPA as an affirmative defense to criminal charges in court proceedings.
Miscellaneous laws[edit]
Gun shows: New York requires anyone who buys a gun at a gun show to pass a background check.[6][7]
Youth and firearms: Youths between ages 14 and 21 may shoot a handgun at a range only if they are under the supervision of a military officer or licensed professional, have not been convicted of a felony, and do not seem to be a danger to themselves or others.[37]
State assault weapons ban: New York's ban is one of the most restrictive in the country.
Cross registration of handguns: Some counties limit who can register a handgun on their license, with some allowing cross registration of a handgun from any other licensee, to licensed family members only, to no handgun can be cross registered. State law does not address this issue. Sharing use of a handgun not listed on your license is only allowed at a certified range with the licensed handgun owner present.[38]
Examples of local laws: NYC, for example, limits the color of all guns and bans all BB guns, paintball guns and pellet guns.[31] Yonkers requires a handgun license before one may ask for a license to own a BB or pellet handgun.[citation needed]
Renewal fees: There are periodic renewal fees, including on restricted carry licenses, like NYC's $340 for a three-year license.[39] Nassau, Suffolk, Westchester and several other suburban counties allow a "to and from the range only" form of concealed carry. However this restriction carries no weight of law and penalties for violating such are administrative in nature and not criminal. "A State cannot impose a license, tax, or fee on a Constitutionally protected Right," see, Murdock v. Penn 319 US 105 (1942); Further, "The SCOTUS has held that licensing and registration of any Constitutional Right is itself unconstitutional," 321 US 573 (1944) (emphasis added for clarification). The Right to self-defense is a "central component" of the 2d Amendment, see, McDonald v. City of Chicago (SC 2010). The Right to "keep and bear arms" is both a "fundamental" and "individual right" and no State may abrogate these rights nor infringe upon them. California v. Ramos, 463US 992, 1014, 103 SCt 3446, 77 Led 2d 1171 (1983) supra., "State Law cannot reduce...a State cannot restrict the Right guaranteed in 'full incorporation' and the Bill of Rights is binding on Government." McDonald, supra.
Periodic renewal of licenses: Most counties in the state issue "lifetime" licenses. Elsewhere than in the City of New York and the counties of Nassau, Suffolk and Westchester, any license to carry or possess a pistol or revolver shall be in force and effect until revoked.[6][7][40] Renewable licenses vary in cost and last from the 3-year New York City license to five years in the other counties, with New York City's license costing $340 every three years[39] and by contrast, a renewal charge of $10.00 in Suffolk County every 5 years.
NY SAFE Act[edit]
Main article: NY SAFE Act
In the wake of the Sandy Hook Elementary School shooting and the 2012 Webster, New York shooting, New York became the first U.S. state to enact stricter gun control laws when it passed the NY SAFE Act on January 15, 2013. New measures included the redefining of what is considered an assault weapon, assault weapon registration, prohibition of sales of assault weapons, the prevention of selling or passing on registered assault weapons to friends or family, reducing the maximum allowed magazine capacity from ten rounds to seven rounds, (however part of the SAFE act was redacted in court to allow loading 10 rounds into your magazine) background checks on almost all gun sales including private sales, background checks on all ammunition sales (has yet to go into effect), additional requirements for reporting of persons with mental health issues, and increased penalties for certain gun crimes.[9][41] The SAFE Act also includes provisions allowing law enforcement to pre-emptively seize a person's firearms without a warrant or court order if they have probable cause that the person in question may be mentally unstable or intends to use the weapons to commit a crime.[citation needed]
See also[edit]
Law of New York
NY SAFE Act
Sullivan Act
References[edit]
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Jump up ^ NY Penal Code § 799.99 Definitions. (2010)
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Jump up ^ NY Penal Code § 265.10 Manufacture, transport, disposition and defacement of weapons and dangerous instruments and appliances. (2010)
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^ Jump up to: a b New York passes major gun control law -- first since Newtown massacre - NBCNews.com, January 15, 2013
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Jump up ^ Opinions of the State Attorney General:P: "December 19, 1977 (informal No. 77- 00): Unloaded replica muzzle loading percussion pistols may be sold, purchased and possessed without a license. Simultaneous possession of these pistols and the necessary ammunition to discharge them requires a license. PL 265.00 (14) & (15)."
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Dadabhai Naoroji
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Dadabhai Naoroji
दादाभाई नौरोजी
Dadabhai Naoroji c. 1889
Member of Parliament
for Finsbury Central
In office
1892–1895
Preceded by
Frederick Thomas Penton
Succeeded by
William Frederick Barton Massey-Mainwaring
Majority
3
Personal details
Born
(1825-09-04)4 September 1825
Bombay, British India
Died
(1917-06-30)30 June 1917 (aged 91)
Bombay, British India
Political party
Liberal
Other political
affiliations
Indian National Congress
Spouse(s)
Gulbaai
Residence
London, United Kingdom
Alma mater
University of Mumbai
Profession
Academician, politician
Committees
Legislative Council of Mumbai
Signature
Dadabhai Naoroji (4 September 1825 – 30 June 1917), known as the Grand Old Man of India, was a Parsi intellectual, educator, cotton trader, and an early Indian political and social leader. He was a Liberal Party member of Parliament (MP) in the United Kingdom House of Commons between 1892 and 1895, and the first Asian to be a British MP,[1] notwithstanding the Anglo-Indian MP David Ochterlony Dyce Sombre, who was disfranchised for corruption.
Naoroji is also credited with the founding of the Indian National Congress, along with A.O. Hume and Dinshaw Edulji Wacha. His book Poverty and Un-British Rule in India brought attention to the draining of India's wealth into Britain. He was also a member of the Second International along with Kautsky and Plekhanov.
In 2014, Deputy Prime Minister Nick Clegg inaugurated the Dadabhai Naoroji Awards for services to UK-India relations.[2]
Contents
[hide]
1 Early life
2 Naoroji's drain theory and poverty
3 Views and legacy
4 Works
5 See also
6 References
7 Further reading
8 External links
Early life[edit]
Naoroji was born in Mumbai in a Gujarati-speaking Parsi family, and educated at the Elphinstone Institute School.[3] He was patronised by the Maharaja of Baroda, Sayajirao Gaekwad III, and started his public life as the Dewan (Minister) to the Maharaja in 1874. Being an Athornan (ordained priest), Naoroji founded the Rahnumae Mazdayasne Sabha (Guides on the Mazdayasne Path) on 1 August 1851 to restore the Zoroastrian religion to its original purity and simplicity. In 1854, he also founded a Gujarati fortnightly publication, the Rast Goftar (or The Truth Teller), to clarify Zoroastrian concepts and promote Parsi social reforms.[4] In 1855, he was appointed Professor of Mathematics and Natural Philosophy at the Elphinstone College in Bombay,[5] becoming the first Indian to hold such an academic position. He travelled to London in 1855 to become a partner in Cama & Co, opening a Liverpool location for the first Indian company to be established in Britain. Within three years, he had resigned on ethical grounds. In 1859, he established his own cotton trading company, Dadabhai Naoroji & Co. Later, he became professor of Gujarati at University College London.
Dadabhai Naoroji statue, near Flora Fountain, Mumbai
In 1865, Dadabhai Naoroji directed the launch the London Indian Society, the purpose of which was to discuss Indian political, social and literary subjects.[6] In 1861 Naoroji founded The Zoroastrian Trust Funds of Europe alongside Muncherjee Hormusji Cama[7] In 1867 Naoroji also helped to establish the East India Association, one of the predecessor organisations of the Indian National Congress with the aim of putting across the Indian point of view before the British public. The Association was instrumental in counter-acting the propaganda by the Ethnological Society of London which, in its session in 1866, had tried to prove the inferiority of the Asians to the Europeans. This Association soon won the support of eminent Englishmen and was able to exercise considerable influence in the British Parliament. In 1874, he became Prime Minister of Baroda and was a member of the Legislative Council of Mumbai (1885–88). He was also a member of the Indian National Association founded by Sir Surendranath Banerjee from Calcutta a few years before the founding of the Indian National Congress in Bombay, with the same objectives and practices. The two groups later merged into the INC, and Naoroji was elected President of the Congress in 1886. Naoroji published Poverty and un-British Rule in India in 1901.
He was a member of the British House of Commons from 1892-1895. During his time he put his efforts towards improving the situation in India. He had a very clear vision and was an effective communicator. He set forth his views about the situation in India over the course of history of the governance of the country and the way in which the colonial rulers rules.
Naoroji in 1892.
Naoroji moved to Britain once again and continued his political involvement. Elected for the Liberal Party in Finsbury Central at the 1892 general election, he was the first British Indian MP.[8] He refused to take the oath on the Bible as he was not a Christian, but was allowed to take the oath of office in the name of God on his copy of Khordeh Avesta. In Parliament, he spoke on Irish Home Rule and the condition of the Indian people. He was also a notable Freemason. In his political campaign and duties as an MP, he was assisted by Muhammed Ali Jinnah, the future Muslim nationalist and founder of Pakistan. In 1906, Naoroji was again elected president of the Indian National Congress. Naoroji was a staunch moderate within the Congress, during the phase when opinion in the party was split between the moderates and extremists. Naoroji was a mentor to Bal Gangadhar Tilak, Gopal Krishna Gokhale and Mohandas Karamchand Gandhi. He was married to Gulbai at the age of eleven. He died in Bombay on 30 June 1917, at the age of 91. Today the Dadabhai Naoroji Road, a heritage road of Mumbai, is named after him. Also, the Dadabhai Naoroji Road in Karachi, Pakistan is also named after him as well, as Naoroji Street in the Finsbury area of London. A prominent residential colony for central government servants in the south of Delhi is also named Naoroji Nagar. He had less hair because he had cancer. His granddaughter Khrushedben was also involved in the freedom struggle. In 1930, she was arrested along with other revolutionaries for attempting to hoist the Indian flag in a Government College in Ahmedabad.[9]
Naoroji's drain theory and poverty[edit]
Dadabhai Naoroji's work focused on the drain of wealth from India into England during colonial rule of British in India.[10] One of the reasons that the Drain theory is attributed to Naoroji is his decision to estimate the net national profit of India, and by extension, the effect that colonisation has on the country. Through his work with economics, Naoroji sought to prove that Britannia was draining money out of India.[11] Naoroji described 6 factors which resulted in the external drain. Firstly, India is governed by a foreign government. Secondly, India does not attract immigrants which bring labour and capital for economic growth. Thirdly, India pays for Britain's civil administrations and occupational army. Fourthly, India bears the burden of empire building in and out of its borders. Fifthly, opening the country to free trade was actually a way to exploit India by offering highly paid jobs to foreign personnel. Lastly, the principal income-earners would buy outside of India or leave with the money as they were mostly foreign personnel.[12] In Naoroji's book 'Poverty' he estimated a 200–300 million pounds loss of India's revenue to Britain that is not returned. Naoroji described this as vampirism, with money being a metaphor for blood, which humanised India and attempted to show Britain's actions as monstrous in an attempt to garner sympathy for the nationalist movement.[13]
When referring to the Drain, Naoroji stated that he believed some tribute was necessary as payment for the services that England brought to India such as the railways. However the money from these services were being drained out of India; for instance the money being earned by the railways did not belong to India, which supported his assessment that India was giving too much to Britain. India was paying tribute for something that was not bringing profit to the country directly. Instead of paying off foreign investment which other countries did, India was paying for services rendered despite the operation of the railway being already profitable for Britain. This type of drain was experienced in different ways as well, for instance, British workers earning wages that were not equal with the work that they have done in India, or trade that undervalued India's goods and overvalued outside goods.[14] Englishmen were encouraged to take on high paying jobs in India, and the British government allowed them to take a portion of their income back to Britain. Furthermore, the East India Company was purchasing Indian goods with money drained from India to export to Britain, which was a way that the opening up of free trade allowed India to be exploited.[15]
When elected to Parliament by a narrow margin of 5 votes his first speech was about questioning Britain's role in India. Naoroji explained that Indians were either British subjects or British slaves, depending on how willing Britain was to give India the institutions that Britain already operated. By giving these institutions to India it would allow India to govern itself and as a result the revenue would stay in India.[16] It is because Naoroji identified himself as an Imperial citizen that he was able to address the economic hardships facing India to an English audience. By presenting himself as an Imperial citizen he was able to use rhetoric to show the benefit to Britain that an ease of financial burden on India would have. He argued that by allowing the money earned in India to stay in India, tributes would be willingly and easily paid without fear of poverty; he argued that this could be done by giving equal employment opportunities to Indian professionals who consistently took jobs they were over-qualified for. Indian labour would be more likely to spend their income within India preventing one aspect of the drain.[17] Naoroji believed that to solve the problem of the drain it was important to allow India to develop industries; this would not be possible without the revenue draining from India into England.
It was also important to examine British and Indian trade to prevent the end of budding industries due to unfair valuing of goods and services.[18] By allowing industry to grow in India, tribute could be paid to Britain in the form of taxation and the increase in interest for British goods in India. Over time, Naoroji became more extreme in his comments as he began to lose patience with Britain. This was shown in his comments which became increasingly aggressive. Naoroji showed how the ideologies of Britain conflicted when asking them if they would allow French youth to occupy all the lucrative posts in England. He also brought up the way that Britain objected to the drain of wealth to the papacy during the 16th century.[19] Naoroji's work on the drain theory was the main reason behind the creation of the Royal Commission on Indian Expenditure in 1896 in which he was also a member. This commission reviewed financial burdens on India and in some cases came to the conclusion that those burdens were misplaced.[20]
Views and legacy[edit]
Dadabhai Naoroji is regarded as one of the most important Indians during the independence movement. In his writings, he considered that the foreign intervention into India was clearly not favourable for the country.
Further development was checked by the frequent invasions of India by, and the subsequent continuous rule of, foreigners of entirely different character and genius, who, not having any sympathy with the indigenous literature – on the contrary, having much fanatical antipathy to the religion of the Hindus – prevented its further growth. Priest-hood, first for power and afterwards from ignorance, completed the mischief, as has happened in all other countries.[21]
Naoroji is remembered as the "Grand Old Man of Indian Nationalism"
Mahatma Gandhi wrote to Naoroji in a letter of 1894 that "The Indians look up to you as children to the father. Such is really the feeling here."[22]
Bal Gangadhar Tilak admired him, he said;
If we twenty eight crore of Indians were entitled to send only one member to the British parliament, there is no doubt that we would have elected Dadabhai Naoroji unanimously to grace that post.[23]
Here are the significant extracts taken from his speech delivered before the East India Association on 2 May 1867 regarding what educated Indians expect from their British rulers.
The difficulties thrown in the way of according to the natives such reasonable share and voice in the administration of the country ad they are able to take, are creating some uneasiness and distrust. The universities are sending out hundreds and will soon begin to send out thousands of educated natives. This body naturally increases in influence...
"In this Memorandum I desire to submit for the kind and generous consideration of His Lordship the Secretary of State for India, that from the same cause of the deplorable drain [of economic wealth from India to England], besides the material exhaustion of India, the moral loss to her is no less sad and lamentable . . . All [the Europeans] effectually do is to eat the substance of India, material and moral, while living there, and when they go, they carry away all they have acquired . . . The thousands [of Indians] that are being sent out by the universities every year find themselves in a most anomalous position. There is no place for them in their motherland . . . What must be the inevitable consequence? . . . despotism and destruction . . . or destroying hand and power. "
In this above quotation he explains his theory in which the British used India as a drain of wealth.
A plaque referring to Dadabhai Naoroji is located outside the Finsbury Town Hall on Rosebery Avenue, London.
Works[edit]
The manners and customs of the Parsees (Bombay, 1864)
The European and Asiatic races (London, 1866)
Admission of educated natives into the Indian Civil Service (London, 1868)
The wants and means of India (London, 1876)
Condition of India (Madras, 1882)
Poverty of India
A Paper Read Before the Bombay Branch of the East India Association, Bombay, Ranima Union Press, (1876)
C. L. Parekh, ed., Essays, Speeches, Addresses and Writings of the Honourable Dadabhai Naoroji, Bombay, Caxton Printing Works (1887). An excerpt, "The Benefits of British Rule", in a modernised text by J. S. Arkenberg, ed., on line at Paul Halsall, ed., Internet Modern History Sourcebook.
Lord Salisbury's Blackman (Lucknow, 1889)
Naoroji, Dadabhai (1861). The Parsee Religion. University of London.
Dadabhai Naoroji (1902). Poverty and Un-British Rule in India. Publications Division, Ministry of Information and Broadcasting, Government of India. ; Commonwealth Publishers, 1988. ISBN 81-900066-2-2
See also[edit]
Electoral firsts in the United Kingdom
References[edit]
Jump up ^ Sumita Mukherjee. "'Narrow-majority' and 'Bow-and-agree': Public Attitudes Towards the Elections of the First Asian MPs in Britain, Dadabhai Naoroji and Mancherjee Merwanjee Bhownaggree, 1885–1906" (PDF). Journal of the Oxford University History Society (2 (Michaelmas 2004)).
Jump up ^ "Dadabhai Naoroji Awards presented for the first time - GOV.UK". www.gov.uk. Retrieved 2017-06-01.
Jump up ^ Dilip Hiro (2015). The Longest August: The Unflinching Rivalry Between India and Pakistan. Nation Books. p. 9. ISBN 9781568585031. Retrieved 9 December 2015.
Jump up ^ Mohanram, edited by Ralph J. Crane & Radhika (2000). Shifting continents/colliding cultures : diaspora writing of the Indian subcontinent. Amsterdam: Rodopi. p. 62. ISBN 9042012617. Retrieved 13 December 2015. CS1 maint: Extra text: authors list (link)
Jump up ^ Sanjay Mistry "Naorojiin, Dadabhai" in David Dabydeen (et al, eds) The Oxford Companion of Black British History, Oxford: Oxford University Press, 2007, p.336-7
Jump up ^ Fourteenth Annual General Meeting of the British Indian Association, 14 February 1866, p.22 British Indian Association
Jump up ^ John R. Hinnells (28 April 2005). The Zoroastrian Diaspora: Religion and Migration. OUP Oxford. p. 388. ISBN 978-0-19-826759-1. Retrieved 19 May 2017.
Jump up ^ Peters, K. J. (29 May 1946). "Indian Patchwork Is Made of Many Colours". Aberdeen Journal. Retrieved 2 December 2014 – via British Newspaper Archive. (Subscription required (help)).
Jump up ^ "Millionaire's daughter arrested". Portsmouth Evening News. 21 August 1930. Retrieved 2 December 2014 – via British Newspaper Archive. (Subscription required (help)). Check date values in: |date= (help)
Jump up ^ Ganguli B.N. "Dadabhai Naoroji and The Drain Theory" The Journal of Asian Studies 26.4 (August 1967) 728–729.23, February 2013.
Jump up ^ "Raychaudhuri G.S. "On Some Estimates of National Income Indian Economy 1858–1947" Economic and Political Weekly 1.16 (December 1966) 673–679. JSTOR. Web. 23, February 2013.
Jump up ^ Ganguli B.N. "Dadabhai Naoroji and the Mechanism of External Drain" Indian Economic and Social History Review 2.2 (1964) 85–102, Scholars Portal. Web. 24, February 2013
Jump up ^ Banerjee, Sukanya "Becoming Imperial Citizens : Indians in the Late Victorian Empire Durham" Duke University Press, 2010. Ebrary. Web. 24 February. 2013.'
Jump up ^ ^Ganguli B.N.
Jump up ^ Doctor Adi. H. "Political Thinkers of Modern India" New Delhi Mittal Publications, 1997. Google Book Search. Web. 26 February 2013.
Jump up ^ Chatterjee, Partha "Modernity, Democracy and a Political Negotiation of Death" South Asia Research 19.2. (1999) 103–119, Scholars Portal. Web. 24 February 2013
Jump up ^ ^Banerjee, Sukanya
Jump up ^ ^Doctor Adi. H.
Jump up ^ Chandra, Bipan "Indian Nationalists and the Drain, 1880–1905" Indian Economic And Social History Review 2.2 (January 1964) 103–114, Scholars Portal. Web. 26 February 2013
Jump up ^ Edited by Chishti, M. Anees "Committees And Commissions in Pre-Independence India 1836–1947 Volume 2: 1882–1895" New Delhi Mittal Publications, 2001. Search Google Books. Web. 26 February 2013.
Jump up ^ "Transactions of the Ethnological Society of London", p. 9
Jump up ^ "Gandhi and Indians in South Africa", p. 37, by Shiri Ram Bakshi, year = 1988
Jump up ^ "Encyclopedia Eminent Thinkers (vol. 11 : The Political Thought of Dadabhai Naoroji)", p.30 by Ashu Pasricha
Leigh Rayment's Historical List of MPs
This article incorporates text from a publication now in the public domain: Chisholm, Hugh, ed. (1911). "article name needed". Encyclopædia Britannica (11th ed.). Cambridge University Press.
Further reading[edit]
Rustom P. Masani, Dadabhai Naoroji (1939).
Munni Rawal, Dadabhai Naoroji, Prophet of Indian Nationalism, 1855–1900, New Delhi, Anmol Publications (1989).
S. R. Bakshi, Dadabhai Naoroji: The Grand Old Man, Anmol Publications (1991). ISBN 81-7041-426-1
Verinder Grover, ‘'Dadabhai Naoroji: A Biography of His Vision and Ideas’’ New Delhi, Deep & Deep Publishers (1998) ISBN 81-7629-011-4
Debendra Kumar Das, ed., ‘'Great Indian Economists : Their Creative Vision for Socio-Economic Development.’’ Vol. I: ‘Dadabhai Naoroji (1825–1917) : Life Sketch and Contribution to Indian Economy.’’ New Delhi, Deep and Deep (2004). ISBN 81-7629-315-6
P. D. Hajela, ‘'Economic Thoughts of Dadabhai Naoroji,’’ New Delhi, Deep & Deep (2001). ISBN 81-7629-337-7
Pash Nandhra, entry Dadabhai Naoroji in Brack et al. (eds).Dictionary of Liberal History; Politico's, 1998
Zerbanoo Gifford, Dadabhai Naoroji: Britain's First Asian MP; Mantra Books, 1992
Codell, J. "Decentering & Doubling Imperial Discourse in the British Press: D. Naoroji & M. M. Bhownaggree," Media History 15 (Fall 2009), 371–84.
Metcalf and Metcalf, Concise History of India
External links[edit]
Wikimedia Commons has media related to Dadabhai Naoroji.
"Dr Dadabhai Naoroji, 'The Grand Old Man of India'", Vohuman.org – Presents a complete chronology of Naoroji's life.
Portraits of Dadabhai Naoroji at the National Portrait Gallery, London
Works by or about Dadabhai Naoroji at Internet Archive
Works by Dadabhai Naoroji at LibriVox (public domain audiobooks)
B. Shantanu, "Drain of Wealth during British Raj", iVarta.com, 6 February 2006
Hansard 1803–2005: contributions in Parliament by Dadabhai Naoroji
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ISNI: 0000 0000 8083 9789
GND: 12472518X
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IATH: w61m4hdf
Retrieved from "https://en.wikipedia.org/w/index.php?title=Dadabhai_Naoroji&oldid=807865579"
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values: দাদাভাই নওরোজি – Bangla

values: دادابای نائوروجی – Persian

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