A Governor could administratively thwart the Sullivan Law and allow New Yorkers to carry pistols.
1998 Libertarian Comptroller Candidate Bob Goodman came up with the following plan, which was part of 1998 Libertarian Governor Candidate Chris Garvey's platform:
"Penal Law…
Article 265 FIREARMS…
Section 265.20 Exemptions
a. …shall not apply to:
1. Persons in the military service of the state of New York when duly authorized by regulations issued by the chief of staff to the Governor to posses the same,…."
"Sec. 2. Militia of the state; division and composition.
1. The militia of the state shall be divided into
the organized militia,
the state reserve list,
the state retired list and the
unorganized militia.
The organized militia shall be composed of the New York army national guard; the New York air national guard; the inactive national guard; the New York naval militia; the New York guard whenever such a state force shall be duly organized and such additional forces as may be created by the governor.
2. The unorganized militia shall consist of all able-bodied male residents of the state between the ages of seventeen and forty-five who are not serving in any force of the organized militia or who are not on the state reserve list or the state retired list and who are or who have declared their intention to become citizens of the United States, subject, however, to such exemptions from military duty as are created by the laws of the United States."
The Governor can therefor appoint at his pleasure a chief of staff who will authorize all members of the unorganized militia to carry any weapon.
For those who are not:
"able-bodied male residents of the state between the ages of seventeen and forty-five,"
the Governor can enlist them in an unpaid organized militia.
His chief of staff can then authorize all members of the organized militia to carry any weapon. A nominal administrative fee can be charged to enlistees to avoid requiring a legislative appropriation.
Thus the Governor's militia powers could be used to authorize any sane law-abiding New Yorker to carry for self defense. The Governor would not need approval from the anti-gun leadership of the Legislature, nor anti-gun local license authorities.
History of the Sullivan Law, which requires pistol licenses
The Sullivan Law originally had several things to going for it:
1. State Senator Timothy Daniel Sullivan represented a dock district, and many of his constituents were muggers and extortionists. Their work was impeded by the fact that citizens were arming themselves before going to that bad neighborhood, thereby making robbery a dangerous business. Sullivan wanted to protect his criminal constituents from armed victims, and his law has made New York safe for robbers ever since.
2. Tammany Hall wanted to disarm the Italians and blacks. The law served the same racist purposes that gun control served in Dixie; to disarm disfavored races. That’s why the licensing agent has unbridled discretion to discriminate.
3. Tammany Hall wanted to be able to arrest political opponents.
4. Sullivan was crazy anyway, and soon was committed to an insane asylum. The law is as insane as he was.
