A federal judge in New York on Thursday blocked several provisions of the state’s revised concealed-carry law, delivering a blow to gun control advocates.
U.S. District Judge Glenn T. Suddaby, a George W. Bush appointee, said the new state law went too far. He issued a restraining order forbidding the state from requiring a concealed-carry applicant to show “good moral character” and forcing the individual to undergo an in-person interview.
The judge also said some of the application requirements, such as providing links to social media accounts and detailing other adults in a home with the applicant, were unlawful. Additionally, the judge said most of the “sensitive places” the state had listed as forbidding the carrying of firearms ran afoul of the Second Amendment.
“The Second Amendment’s plain text covers the conduct in question (carrying a handgun in public for self-defense),” the judge wrote in his 53-page order.
“Simply stated, instead of moving toward becoming a shall-issue jurisdiction, New York State has further entrenched itself as a shall-not-issue jurisdiction. 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,” wrote Judge Suddaby.
He gave the state three days to appeal to the 2nd U.S. Circuit Court of Appeals.
Gun rights groups praised the ruling, saying it was a necessary response to the policies of Democratic Gov. Kathy Hochul and New York City Mayor Eric Adams.
“Anti-gunners like Kathy Hochul and Eric Adams lied and misrepresented the Second Amendment to the courts, putting New Yorkers at a great disadvantage in the midst of rising crime,” said Erich Pratt, senior vice president of Gun Owners of America, in a statement. “We are grateful to Judge Suddaby for his quick action to restore the right of the people to keep and bear arms. Once the [restraining order] goes into effect, GOA encourages New Yorkers to exercise their rights and to defend themselves and the ones they love.”
The lawsuit was brought by six individuals who challenged the new requirements passed by the state in the wake of the Supreme Court batting down its prior permitting law.
New York legislators passed the Concealed Carry Improvement Act on July 1 — just days after the Supreme Court issued its ruling.
The high court in its June decision found that laws in New York and five other states that require individuals to show proper cause to obtain a concealed-carry license ran afoul of the Second Amendment right to bear arms.
New York’s revamped new law, however, attempted to impose several new restrictions on gun ownership. It required an individual to show good moral character, provide character witnesses, and links to social media accounts for review when applying.
It also detailed a long list of sensitive places where carrying a firearm would be unlawful, sparking gun-rights activists to say it effectively made it almost impossible to legally carry a firearm anywhere in the state despite getting a license.
• This story is based in part on wire service reports.
• Alex Swoyer can be reached at aswoyer@washingtontimes.com.
Please read our comment policy before commenting.