Federal judge temporarily blocks New York state’s new gun law
A federal judge has temporarily shot down parts of the state’s new restrictive weapons law to allow a gun owners group to pursue a lawsuit challenging the legislation.
Gun Owners of America, a non-profit grassroots lobbying organization, has maintained that the new Concealed Carry Improvement Act which went into effect Sept. 1 is “patently unconstitutional,” and restricts the rights of law-abiding New Yorkers.
The law creates new requirements for obtaining a license, including submitting social media accounts for review.
The new rules also created a long list of public and private places where having a gun became a felony crime, even for licensed gun owners.
But Chief Judge Glenn Suddaby of the U.S. District Court in Syracuse agreed to issue the restraining order at the request of six New Yorkers who are members of the gun owners group.
He said his order would not take effect for three days to allow the state to appeal.
Suddaby, in his ruling, said that several components of the law are unconstitutional and cannot be enforced.
“Simply stated, instead of moving toward becoming a shall-issue jurisdiction, New York State has further entrenched itself as a shall-not-issue jurisdiction,” Suddaby wrote. “And, by doing so, it has further reduced a first-class constitutional right to bear arms in public for self defense ... into a mere request.”
Suddaby blocked provisions of the law that outlined new requirements for background checks for gun permits, including the disclosure of all of an applicant’s social media accounts.
He also blocked the bans on guns in some public and private properties.
The ruling would keep restrictions in place that outlaw firearms in schools, government buildings and places of worship.
But the judge said the state couldn’t ban guns from other sensitive locations, such as Times Square, where gleaming new “Gun Free Zone” signs dot the tourist landscape.
Gov. Hochul, who made a crusade of the gun safety cause, said the ruling was “disappointing.”
The Concealed Carry Improvement Act was carefully crafted to put in place common-sense restrictions around concealed carry permits,” Hochul said in a statement.
“While this decision leaves aspects of the law in place, it is deeply disappointing that the judge wants to limit my ability to keep New Yorkers safe and to prevent more senseless gun violence.”
Hochul is named as a defendant in the lawsuit.
Mayor Adams said the ruling makes it harder for the city to protect New Yorkers.
“Once again, the courts have opened up another river leading to the sea of gun violence, making it harder for us to protect New Yorkers,” Adams said.
“While the city is not a party to this case, we are willing to support the state in any way possible as it pursues an appeal.”
State Attorney General Letitia James said preserving some of the law’s provisions was not enough.
“Common-sense gun control regulations help save lives,” James said in a statement. “I will not back down from the fight to protect New Yorkers from repeated and baseless attacks on our state’s gun safety measures.”
The lawsuit was filed by seven New York men, including the primary plaintiff, Ivan Antonyuk, a Schenectady resident who said he wanted to carry his gun for protection.
Antonyuk has stated that the law’s restriction of guns on private property without explicit permission impeded his second-amendment right.
Suddaby previously ruled that the plaintiffs had no grounds to sue because the law had not yet gone into effect.
The sweeping law — one of the strictest in the nation — was hastily passed following the U.S. Supreme Court’s decision to overturn New York’s law requiring a license to carry concealed weapons in public places.
The high court, in a 6-3 ruling, in June said New York’s century-old concealed-carry handgun law violates the constitution’s Second Amendment.
The law was also written in weeks after a gunman opened fire at Black customers in and around a Buffalo supermarket, killing 10 people.
With News Wire Services
