New York

How Tough Is It? Buying a Gun in Oregon vs. New York City

By EMILY S. RUEB

In many places in the United States, buying a gun is easier, in some ways, than obtaining a driver’s license; in others, purchasing a gun is nearly impossible. These divergent realities contribute to the country’s deep divide over the regulation of firearms. Consider the processes for buying and carrying a gun in Roseburg, Ore., the site of a recent school shooting, and in New York City.

  1. Buying

    Who has the right to buy a handgun?

  2. Roseburg, Ore.

    Purchase License: Not required.

    Background Checks: State-run checks screen for disqualifications under federal law, including felony convictions, domestic violence misdemeanors, certain types of restraining orders and involuntary commitments to a mental institution. The state also bars anyone who has been convicted of a violent misdemeanor in the last four years, or who is prohibited from possessing firearms as a condition of probation.

    Minimum Age: 21

    Limits on Handgun Purchases: None.

    Registration: Handguns do not need to be registered.

  3. New York City

    Purchase License: The city has its own regulations, which differ from the state’s. Individuals must appear in person to file a 17-page Handgun Purchase Authorization Form and pay $340 for the application and $89.75 for fingerprinting. They must provide an original Social Security card, birth certificate, two recent color photographs and other documents. Applicants who have lived in the United States for less than seven years must also provide two letters of reference certifying to their good character. Any adults living with the applicant must give consent for the awarding of the license and storage of a firearm in the home. Applicants must also appoint a guardian for any firearms in the event of disability or death.

    Information requested in the form include:

    • Employment dismissals
    • Rejections from military service
    • Mental health history, including medications taken, hospitalizations and treatment
    • Narcotics and tranquilizer use, with contact information of prescribers
    • History of epilepsy, diabetes, fainting spells, blackouts, temporary loss of memory or any nervous disorder.

    The New York Police Department also interviews all applicants.

    Background Checks: Besides the standard federal checks, the Police Department can reject anyone it determines lacks the “character and fitness” for a license. The department examines individuals’ arrest histories, even if charges were dismissed and sealed. A history of driving under the influence of alcohol or drugs, or even a history of moving violations and failure to appear for summonses could be grounds for rejection.

    Minimum Age: 21

    Limits on Handgun Purchases: One handgun, pistol or revolver may be purchased every 90 days.

    Registration: Handguns must be registered within 72 hours of purchase.

  4. Carrying

    Who has the right to carry a handgun in public?

  5. Roseburg, Ore.

    Open Carry: Allowed, no permit required.

    Concealed Carry: Permit required and lasts four years.

    Permit Requirements: Residents of Douglas County must make an appointment with the sheriff’s office and bring two forms of identification, a $65 fee, documentation of a licensed firearms safety course, and a two-page application with a checklist that asks for the following:

    • Two character references
    • Affirmation that the applicant has not been convicted of an offense involving controlled substances or completed a court-supervised drug program.
    • Affirmation there are no outstanding arrest warrants

    State law prohibits issuing permits to people with felony convictions, a misdemeanor conviction in the last four years, anyone on pretrial release, people with certain types of restraining orders placed on them, registered sex offenders, anyone dishonorably discharged from the armed services and anyone who has been convicted of an offense involving controlled substances (with certain exceptions).

    Shall Issue/May Issue: Oregon is a “shall issue” state, which means that for the most part local law enforcement has little discretion to deny a permit as long as the applicant meets certain basic legal criteria. Officials have the authority to deny permits if there are “reasonable grounds” to believe the person is a danger to himself or others as a result of his mental state or “past pattern of behavior involving unlawful violence or threats of unlawful violence.”

  6. New York City

    Open Carry: Prohibited.

    Concealed Carry: There are several permit types, which generally last three years: “carry business,” “limited carry,” “special carry” and one for security guards.

    Permit Requirements: Applicants will be interviewed by investigators and are also required to provide the following:

    • Proof of business ownership
    • A detailed description of the applicant’s employment and an explanation of why carrying a gun is necessary
    • A statement describing the applicant’s plans for firearms safety training
    • Personal income tax returns, daily bank deposit slips and/or notarized state and federal tax returns for certain businesses

    Shall Issue/May Issue: New York is a “may issue” state, which gives significant discretion to law enforcement to deny applicants a permit to carry a concealed weapon.

  7. Ownership

    How many people are licensed to carry guns?

  8. Oregon

    There are 12,419 active concealed handgun license holders among a population of about 107,000 people in Douglas County, Ore., where Roseburg is located. In 2014, the sheriff’s office issued 2,611 licenses, denied 14 and revoked 52.

  9. New York City

    According to the most recent data available, in January 2011 nearly 4,000 people had licenses to carry firearms in New York City, out of a population of more than 8 million people. More than 37,000 people were licensed to own one. There were 41,164 handguns registered with the Police Department. In 2014, 330 people applied for a carry permit and 152 licenses were granted.