ROCHESTER, N.Y. (WHEC) — A recent proposal from the Bureau of Alcohol, Tobacco & Firearms aims to allow people to buy a gun online and have it shipped directly to their homes, but Gov. Kathy Hochul is pushing back.
News10NBC’s Tom Kowalski spoke with gun and legal experts to find out what this means for New York’s law-abiding gun owners. Brandon Lewis, owner of the Firing Pin gun shop in Bergen, said he believes consumers should have more choices and less regulation.
The deregulation argument
“If we permit adults to purchase alcohol or have prescription medications delivered to their door, I think we can accommodate this as well with the same overall safety mechanisms in place,” Lewis said.
Currently, New York residents who buy guns online must have them shipped to a Federal Firearms Licensee like the Firing Pin.
“You would buy it like any other product that you would buy. You put your credit card in and you pay for it, and then they ship it to us,” continued Lewis.
“Once it arrives, you come in, and it would be like if you just walked in off the street and say, ‘I want to buy that gun off the rack.’ And we fill out the paperwork and then, as long as the background check clears, you take possession of it.”
Hochul takes fire at the ATF
In response to the ATF’s plan, Hochul says she intends to introduce a law requiring the final sale to be done in person, continuing the process of buying a gun online, before picking it up from an FFL.
Anthony Kuhn with the law firm Tully Rinckey said New York’s plan is likely legal.
“That’s one of those restrictions that is likely not going to be something that Second Amendment would successfully challenge,” Kuhn said. “Most likely a limitation like that isn’t strict enough that it violates an individual’s Second Amendment rights.”
Paul Adell Jr. with Rochester African American Firearms Association says he doesn’t see a problem with direct-to-home shipping if proper checks are in place.
“If the current and proper checks are in place to make sure that people are still passing the ATF background check and getting it sent to their directly to their home, I don’t think I see a problem with that at all,” Adell said.
Next steps
Hochul is expected to introduce the new law proposal in the next legislative session in January.
State Attorney General Letitia James is also pushing back against the gun law rollbacks, joining 22 other attorneys general who say these regulations reduce gun violence, combat illegal gun trafficking and support law enforcement.
She also raised concern about using technology like A.I. and deepfakes to circumvent the background check if purchasing a gun online.
