Sullivan Act
Encyclopedia
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 license
s for New Yorkers to possess firearms small enough to be concealed. Possession of such firearms without a license was a misdemeanor
, 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
.
s, 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.
, 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. Current and past New York City license holders include:
Only about 30,000 private (non-law enforcement) licenses exist out of almost 8 million residents. All but 8,000 of these licenses are held by retired law enforcement personnel. 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."
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.
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 http://www.gunlawnews.org/sullivan.html. 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 handgun
s.
Controversy
Controversy is a state of prolonged public dispute or debate, usually concerning a matter of opinion. The word was coined from the Latin controversia, as a composite of controversus – "turned in an opposite direction," from contra – "against" – and vertere – to turn, or versus , hence, "to turn...
gun control
Gun control
Gun control is any law, policy, practice, or proposal designed to restrict or limit the possession, production, importation, shipment, sale, and/or use of guns or other firearms by private citizens...
law in New York State. Upon first passage, the Sullivan Act required license
License
The verb license or grant licence means to give permission. The noun license or licence refers to that permission as well as to the document recording that permission.A license may be granted by a party to another party as an element of an agreement...
s for New Yorkers to possess firearms small enough to be concealed. Possession of such firearms without a license was a misdemeanor
Misdemeanor
A misdemeanor is a "lesser" criminal act in many common law legal systems. Misdemeanors are generally punished much less severely than felonies, but theoretically more so than administrative infractions and regulatory offences...
, carrying them was a felony
Felony
A felony is a serious crime in the common law countries. The term originates from English common law where felonies were originally crimes which involved the confiscation of a convicted person's land and goods; other crimes were called misdemeanors...
. 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
Timothy Sullivan
Timothy Daniel Sullivan was a New York politician who controlled Manhattan's Bowery and Lower East Side districts as a prominent figure within Tammany Hall. He was euphemistically known as "Dry Dollar", as the "Big Feller", and, later, as "Big Tim"...
, a notoriously corrupt Tammany Hall
Tammany Hall
Tammany Hall, also known as the Society of St. Tammany, the Sons of St. Tammany, or the Columbian Order, was a New York political organization founded in 1786 and incorporated on May 12, 1789 as the Tammany Society...
politician, it dates to 1911, and is still in force, making it one of the older existing gun control laws in the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
.
A "may issue" act
For handgunHandgun
A handgun is a firearm designed to be held and operated by one hand. This characteristic differentiates handguns as a general class of firearms from long guns such as rifles and shotguns ....
s, the Sullivan Act qualifies as a may issue act, meaning the local police
Police
The police is a personification of the state designated to put in practice the enforced law, protect property and reduce civil disorder in civilian matters. Their powers include the legitimized use of force...
have discretion to issue a concealed carry
Concealed carry
Concealed carry, or CCW , refers to the practice of carrying a handgun or other weapon in public in a concealed manner, either on one's person or in proximity.-In Canada:...
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.
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. In recent years, the New York PostNew York Post
The New York Post is the 13th-oldest newspaper published in the United States and is generally acknowledged as the oldest to have been published continuously as a daily, although – as is the case with most other papers – its publication has been periodically interrupted by labor actions...
, the New York Sun
New York Sun
The New York Sun was a weekday daily newspaper published in New York City from 2002 to 2008. When it debuted on April 16, 2002, adopting the name, motto, and masthead of an otherwise unrelated earlier New York paper, The Sun , it became the first general-interest broadsheet newspaper to be started...
, and other newspapers have periodically obtained the list of licensees through Freedom of Information Law
Freedom of Information Act (United States)
The Freedom of Information Act is a federal freedom of information law that allows for the full or partial disclosure of previously unreleased information and documents controlled by the United States government. The Act defines agency records subject to disclosure, outlines mandatory disclosure...
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. Current and past New York City license holders include:
- Ronald LauderRonald LauderRonald Steven Lauder is a Jewish-American businessman, civic leader, philanthropist, and art collector. Forbes lists Lauder among the richest people of the world with an estimated net worth of $3.0 billion in 2007.-Life and career:...
- Donald TrumpDonald TrumpDonald John Trump, Sr. is an American business magnate, television personality and author. He is the chairman and president of The Trump Organization and the founder of Trump Entertainment Resorts. Trump's extravagant lifestyle, outspoken manner and role on the NBC reality show The Apprentice have...
- Robert DeNiro
- Steven TylerSteven TylerSteven Tyler is an American singer, songwriter, and multi-instrumentalist, best known as the frontman and lead singer of the Boston-based rock band Aerosmith, in which he also plays the harmonica, and occasional piano and percussion. He is known as the "Demon of Screamin'", due to his high screams...
and Joe PerryJoe PerryJoe Perry may refer to:*Joe Perry *Joe Perry **Joe Perry *Joe Perry...
of AerosmithAerosmithAerosmith is an American rock band, sometimes referred to as "The Bad Boys from Boston" and "America's Greatest Rock and Roll Band". Their style, which is rooted in blues-based hard rock, has come to also incorporate elements of pop, heavy metal, and rhythm and blues, and has inspired many...
Only about 30,000 private (non-law enforcement) licenses exist out of almost 8 million residents. All but 8,000 of these licenses are held by retired law enforcement personnel. Senator Charles Schumer
Charles Schumer
Charles Ellis "Chuck" Schumer is the senior United States Senator from New York and a member of the Democratic Party. First elected in 1998, he defeated three-term Republican incumbent Al D'Amato by a margin of 55%–44%. He was easily re-elected in 2004 by a margin of 71%–24% and in 2010 by a...
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."
Controversy
Some question the constitutionality of the act, due to the Second AmendmentSecond Amendment to the United States Constitution
The Second Amendment to the United States Constitution is the part of the United States Bill of Rights that protects the right of the people to keep and bear arms. It was adopted on December 15, 1791, along with the rest of the Bill of Rights.In 2008 and 2010, the Supreme Court issued two Second...
of the U.S. Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
. While the Supreme Court has only recently ruled that the Second Amendment prevents localities from enacting outright handgun bans, (See: Incorporation
Incorporation (Bill of Rights)
The incorporation of the Bill of Rights is the process by which American courts have applied portions of the U.S. Bill of Rights to the states. Prior to the 1890s, the Bill of Rights was held only to apply to the federal government...
), 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
United States Court of Appeals for the District of Columbia Circuit
The United States Court of Appeals for the District of Columbia Circuit known informally as the D.C. Circuit, is the federal appellate court for the U.S. District Court for the District of Columbia. Appeals from the D.C. Circuit, as with all the U.S. Courts of Appeals, are heard on a...
in Parker v. District of Columbia, which was affirmed by the Supreme Court in the case District of Columbia v. Heller
District of Columbia v. Heller
District of Columbia v. Heller, 554 U.S. 570 , was a landmark case in which the Supreme Court of the United States held that the Second Amendment to the United States Constitution protects an individual's right to possess a firearm for traditionally lawful purposes in federal enclaves, such as...
. Other critics have argued the arbitrary nature of the law violates New York State constitution protections of due process and equal justice.
Many believe the act was to discriminate
Discrimination
Discrimination is the prejudicial treatment of an individual based on their membership in a certain group or category. It involves the actual behaviors towards groups such as excluding or restricting members of one group from opportunities that are available to another group. The term began to be...
against immigrants in New York, particularly Italians, as the first person arrested under the law was mobster Giuseppe Costabile http://www.gunlawnews.org/sullivan.html. 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
Police
The police is a personification of the state designated to put in practice the enforced law, protect property and reduce civil disorder in civilian matters. Their powers include the legitimized use of force...
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
William Jay Gaynor
William Jay Gaynor was an American politician from New York City, associated with the Tammany Hall political machine. He served as mayor of the City of New York from 1910 to 1913, as well as stints as a New York Supreme Court Justice from 1893 to 1909.-Early life:Gaynor was born in Oriskany, New...
was shot and seriously wounded (he later died from the wound; see Timeline of New York City crimes and disasters
Timeline of New York City crimes and disasters
-17th century:* 1643 - Kieft's War between Lenape or Wappinger and Dutch colonists. Events partially took place within what would become the five boroughs.* 1668 - First yellow fever epidemic in the city.-18th century:...
), and there were public calls for regulation
Regulation
Regulation is administrative legislation that constitutes or constrains rights and allocates responsibilities. It can be distinguished from primary legislation on the one hand and judge-made law on the other...
of handgun
Handgun
A handgun is a firearm designed to be held and operated by one hand. This characteristic differentiates handguns as a general class of firearms from long guns such as rifles and shotguns ....
s.