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Encyclopedia > Sullivan Act
U.S. Firearms
Legal Topics
Assault weapons ban
ATF (law enforcement)
Brady Handgun Act
Federal Firearms License
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Gun Control Act of 1968
Gun laws in the U.S. — by state
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Gun politics in the U.S.
National Firearms Act
Second Amendment
Straw purchase
Sullivan Act (New York)
Violent Crime Control Act

The Sullivan Act, also known as the Sullivan Law, is a controversial gun control law in New York State. It was 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 gun control laws in the United States. Upon first passage, the Sullivan Act required licenses 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". // Legal Topics Primary Organizations Liberty Belles Prominent individuals Advocates of firearms Gary Kleck Charlton Heston Wayne LaPierre John Lott Ted Nugent Advocates of firearms control Darrell Scotts Congressoinal Speech Michael D. Barnes Michael Bellesiles James Brady Sarah Brady Tom Diaz Arthur Kellermann Michael Moore (Bowling for Columbine) Josh Sugarmann... The Federal Assault Weapons Ban (AWB) was a subtitle of the Violent Crime Control and Law Enforcement Act of 1994, a federal law of the United States that included a prohibition on the sale to civilians of certain semi-automatic assault weapons manufactured after the date of the bans... ATF Seal The Bureau of Alcohol, Tobacco, Firearms and Explosives (abbreviated ATF, sometimes BATF or BATFE) is a United States federal agency; more specifically a specialized law enforcement and regulatory organization within the United States Department of Justice. ... The Brady Handgun Violence Prevention Act, also known as the Brady Bill, was passed by the United States Congress, signed into law by President Bill Clinton on November 30, 1993, and went into effect on February 28, 1994. ... “Gun license” redirects here. ... Firearm case law decisions are numerous in the history of the United States. ... The Firearm Owners Protection Act (FOPA) is a United States federal law that revised many statutes in the Gun Control Act of 1968. ... The Gun Control Act of 1968, Pub. ... Many US states have legislated gun (firearm) laws, independent of existing federal firearms laws. ... In the United States of America the right to bear arms is addressed in the Second Amendment to the United States Constitution. ... Gun Politics, the political aspects of gun control and firearms rights, has long been among the most controversial and intractable issues in American politics. ... This article does not cite any references or sources. ... The Bill of Rights in the National Archives Amendment II (the Second Amendment) of the United States Constitution, which is part of the Bill of Rights, declares a well regulated militia as being necessary to the security of a free State, and prohibits Congress or any other government agency from... A straw purchase is any purchase where the buyer is not eligible to own the purchased item according to the law and therefore purchases the item through a proxy buyer. ... The Violent Crime Control and Law Enforcement Act (1994) is a piece of legislation, sponsored by Rep. ... For the Wikipedia policy regarding controversial issues in articles, see Wikipedia:Guidelines for controversial articles. ... It has been suggested that this article or section be merged into Gun politics. ... State nickname: Empire State Other U.S. States Capital Albany Largest city New York Governor George Pataki Official languages None Area 141,205 km² (27th)  - Land 122,409 km²  - Water 18,795 km² (13. ... Timothy Daniel Big Tim Sullivan (July 23, 1862-August 31, 1913) was a New York politician who controlled Manhattans Bowery and Lower East Side districts as a prominent figure within Tammany Hall. ... Tammany Hall was the Democratic Party political machine that played a major role in controlling New York City politics from the 1790s to the 1960s. ... Year 1911 (MCMXI) was a common year starting on Sunday (link will display the full calendar) of the Gregorian calendar (or a common year starting on Saturday of the 13-day-slower Julian calendar). ... To licence or grant licence is to give permission. ... Possession is having some degree of control over something else. ... A misdemeanor, or misdemeanour, in many common law legal systems, is a lesser criminal act. ... For the record label, see Felony Records The term felony is a term used in common law systems for very serious crimes, whereas misdemeanors are considered to be less serious offenses. ...

Contents

A "may issue" act

For handguns, 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. A Browning 9 millimeter Hi-Power Ordnance pistol of the French Navy, 19th century, using a Percussion cap mechanism Derringers were small and easily hidden. ... In the United States of America, for a may-issue gun law, authorities (usually the local police) have broad discretion as whether to issue a concealed carry (often a background check and safety class) permit to a given individual. ... In the United States, concealed carry is the right to carry a handgun or other weapon in public in a concealed manner. ... A shall-issue jurisdiction, within the context of gun law, is one that requires a permit to carry a concealed handgun (concealed carry), but where the granting of such permits is subject only to meeting certain criteria laid out in the law; the granting authority has no discretion in the...


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. In addition, New Yorkers who have political influence, wealth, or celebrity appear to be issued licenses more liberally. [1] The New York Post, the New York Sun, and other newspapers have obtained the list of licensees through Freedom of Information Law requests and have published several articles showing that the wealthy, famous, and politically connected have been issued carry licenses by the city police department. [2], [3], [4] The New York Post is the 13th-oldest newspaper published in the United States and the oldest to have been published continually as a daily. ... The modern New York Sun is a daily newspaper published in New York City. ...


Current and past New York City license holders include:

John Donald Don Imus, Jr. ... Harvey Keitel (born May 13, 1939) is an Academy Award-nominated American actor from New York City. ... Joseph L. Bruno (born April 8, 1929) is an American businessman and politician. ... Ronald Steven Lauder (born February 26, 1944 in New York City) is an American businessman, civic leader, philanthropist, and art collector. ... To meet Wikipedias quality standards, this article or section may require cleanup. ... This article is a biography of Howard Stern as an individual; for information regarding his radio show see The Howard Stern Show. ... Donald John Trump (born June 14, 1946 in Queens, New York, New York) is an American business executive, entrepreneur, television and radio personality and author. ... William Frank Buckley Jr. ... Joan Rivers (born June 8, 1933) is an American comedian, actress, talk show host, businesswoman, and celebrity. ... Arthur Hays-Sulzberger (1891 - 1968) was the publisher of the New York Times (1935-61). ... Robert De Niro Robert De Niro, Jr. ...

Controversy

Some question the constitutionality of the act, due to the Second Amendment of the U.S. Constitution. While the Supreme Court has never ruled that the Second Amendment applies to state law (See: Incorporation), the question of whether the Second Amendment provides grounds to invalidate local gun control laws 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 is currently on appeal to the Supreme Court. The Bill of Rights in the National Archives Amendment II (the Second Amendment) of the United States Constitution, which is part of the Bill of Rights, declares a well regulated militia as being necessary to the security of a free State, and prohibits Congress or any other government agency from... The Supreme Court Building, Washington, D.C. The Supreme Court Building, Washington, D.C., (large image) The Supreme Court of the United States, located in Washington, D.C., is the highest court (see supreme court) in the United States; that is, it has ultimate judicial authority within the United States... Incorporation of the Bill of Rights is the legal doctrine by which portions of the U.S. Bill of Rights are applied to the states through the Due Process Clause of the Fourteenth Amendment. ... 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. ... Holding The statutes as applied are unconstitutional. ...


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 [1]. 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. Sponsor "Big Tim" Sullivan reputedly desired the law so that his criminal cohorts could go about their activities unimpeded by citizens defending themselves with concealed handguns. This box:      Most broadly, discrimination is the discernment of qualities and rejection of subjects with undesirable qualities. ... Immigration is the act of moving to or settling in another country or region, temporarily or permanently. ...


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 handguns. Year 1910 (MCMX) was a common year starting on Saturday (link will display calendar) of the Gregorian calendar (or a common year starting on Friday [1] of the 13-day-slower Julian calendar). ... William Jay Gaynor (1849–1913) was an American politician from New York City, associated with the Tammany Hall political machine. ... ±The following is a timeline of New York City crimes and disasters. ... A Browning 9 millimeter Hi-Power Ordnance pistol of the French Navy, 19th century, using a Percussion cap mechanism Derringers were small and easily hidden. ...


See also

In the United States, a no-issue gun law is one that prohibits concealed carry to the general public. ... Firearm case law are numerous in United States history. ... It has been suggested that this article or section be merged into Gun politics. ... Gun politics is a set of legal issues surrounding the ownership, use, and control of firearms as well as safety issues related to firearms both through their direct use and through criminal use. ... A firearm is a kinetic energy weapon that fires either a single or multiple projectiles propelled at high velocity by the gases produced by action of the rapid confined burning of a propellant. ... John R. Lott Jr. ...

References

  1. ^ "Fighting Back: Crime, Self-Defense, and the Right to Carry a Handgun," by Jeffrey R. Snyder at https://www.cato.org/pubs/pas/pa-284.html
  2. ^ http://yahoo.eonline.com/news/article/index.jsp?uuid=a3743158-5bb6-41e6-9210-710f2d5df291
  3. ^ http://www.nysun.com/article/61496
  4. ^ "Elite in NYC are Packing Heat," Boston Globe, January 8, 1993, p. 3; William Bastone, "Born to Gun; 65 Big Shots with Licenses to Carry," Village Voice, September 29, 1987. Summarized in Cramer and Kopel, p. 684. See also Don B. Kates, "The Battle over Gun Control," Public Interest 84 (1986): 45.

  Results from FactBites:
 
Sullivan Act - Wikipedia, the free encyclopedia (339 words)
The Sullivan Act is a controversial gun control law in New York City.
The Sullivan Act qualifies as a may issue act, meaning the local police have discretion to issue a concealed carry permit, 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.
Upon first passage, the Sullivan Act required licenses for New Yorkers to own guns small enough to be concealed.
Pioneer Funds: No-Action Letter dated December 20, 2005 (2158 words)
You note that Sullivan and Cromwell submits invoices directly to the Funds for all of the legal services that it provides to the non-interested trustees and audit committees, and that those invoices are clearly marked to show that they are for services rendered to the Funds’ non-interested trustees and audit committees.
You represent that the selection and compensation of Sullivan and Cromwell to serve as legal counsel to the Funds’ non-interested trustees and audit committees was, and is, entirely within the discretion of the Funds’ non-interested trustees and their representatives on the audit committees, respectively.
The selection and compensation of Sullivan and Cromwell to serve as legal counsel to the Funds’ non-interested trustees and audit committees was, and is, entirely within the discretion of the Funds’ non-interested trustees and their representatives on the audit committees, respectively.
  More results at FactBites »

 
 

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