Federal Judge Slaps Down New York's Concealed Carry Restrictions

Federal Judge Slaps Down New York's Concealed Carry Restrictions

In the wake of the U.S. Supreme Court’s decision over the summer to strike down New York’s uber-restrictive concealed carry regulations, Democrats who run the state essentially ignored the ruling and re-imposed restrictive concealed carry regulations.

And now, another federal judge has also struck those down in response to a lawsuit brought by several gun owners in The Empire State.

U.S. District Judge Glenn T. Suddaby of the Northern District of New York, a George W. Bush appointee, ruled on Thursday that the bulk of New York’s misnamed “Concealed Carry Improvement Act” is in violation of the Supreme Court’s summer ruling, NY State Rifle and Pistol Association v. Bruen, and as such, the Second Amendment rights of New York residents.

While he blocked much of the law from going into effect, the judge also gave New York officials three days to appeal before his ruling takes effect.

The Daily Wire explained: First, the ruling struck down the law’s requirement that a person must have “good moral character” to obtain a concealed carry permit. In his opinion, Suddaby blasted the restrictions for severely curtailing New Yorkers’ Second Amendment rights.

“In essence, New York State has replaced its requirement that an applicant show a special need for self-protection with its requirement that the applicant rebut the presumption that he or she is a danger to himself or herself, while retaining (and even expanding) the open-ended discretion afforded to its licensing officers,” Suddaby wrote.

“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 (which is burdened with a presumption of dangerousness and the need to show ‘good moral character’),” he added.

Though he struck down the “good moral character” requirement, Suddaby nevertheless upheld other provisions of the law.

“Suddaby upheld the requirement that applicants submit four character references, but struck down other requirements for contact information from the applicant’s spouse and family, as well as the requirement to disclose all social media accounts,” The Daily Wire reported.

He also upheld:

— The provision allowing licensing officials to procure “other information” on applications on grounds it is limited in scope

— Left open a door to revisit the provision at a later trial date;

— Requirement that applicants get 18 hours of firearms training;

— Bans on taking firearms into government buildings, polling places, schools, protests, public areas temporarily restricted by government entities, and other constitutional assemblies;

— Ban on carrying a gun into a place of worship, though he made an exception for “those persons who have been tasked with the duty to keep the peace” at such places.

He also struck down:

— Many of the “sensitive locations” named in the law, writing that state officials “have simply not met their burden of ‘sift[ing] the historical materials for evidence to sustain New York State’s statute'”;

And, per the Daily Wire, “he blocked the state from banning firearms on public transportation; at amusement parks, entertainment venues, and places where alcohol is served; in Times Square; at health care, behavioral health, or drug dependency care centers; libraries, public playgrounds, public parks, and zoos; child and family services centers and child care centers like daycares; summer camps; centers for the developmentally disabled; addiction centers; mental health centers; disability centers; domestic violence and emergency shelters; and residential properties, except for fenced-in farmland or hunting ground.”


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