New York’s concealed carry gun laws reinstated as appeal plays out in courts
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ALBANY, N.Y. — A federal appeals court, for the second time, reinstated New York’s strict concealed carry law after portions of the statute were temporarily suspended by a judge last week.
The three-judge panel on Tuesday determined that the law, which bars gun owners from carrying firearms in a large number of public places and tightened the state’s licensing process, should remain in effect as the legal challenge plays out.
In a ruling last week, Chief Judge Glenn Suddaby of the U.S. District Court in Syracuse 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 portions of the law banning guns in some public and private properties, including mental hospitals, places of worship, public parks, theaters and bars.
The temporary stay will keep the statute in place during the appeals process.
It’s the second time the U.S. Court of Appeals for the 2nd Circuit has overturned a ruling from Suddaby related to the Concealed Carry Improvement Act, which went into effect Sept. 1.
The law was signed by Gov. Kathy Hochul over the summer after she called lawmakers back to Albany in the wake of the U.S. Supreme Court’s decision to overturn a 100-year-old Empire State law limiting who can carry a concealed handgun in public.
The high court, in a 6-3 ruling, in June said New York’s century-old concealed-carry handgun law violated the Constitution’s Second Amendment.
Concealed carry permit seekers must also provide names and contact information for family, partners and roommates and a list of social media accounts from the last three years.
The law has prompted multiple lawsuits from gun rights groups and New Yorkers who argue the permitting rules are too restrictive and that gun-free zones infringe on their right to bear arms.
Hochul and Attorney General Letitia James have vowed to defend the law as more than half a dozen lawsuits have been filed challenging the constitutionality of the restrictions.
“The interim administrative stay of the district court’s temporary restraining order is an important and appropriate step and affirms that the Concealed Carry Improvement Act will remain in effect during the appeals process,” Hochul said in a statement last month following the first stay. “My top priority will always be to keep New Yorkers safe, and we will continue working with the office of the attorney general to defend our gun safety laws.”
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