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Federal Judge Strikes Down Major Parts of New York Gun Control Law

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A New York federal judge has ruled major parts of the state’s sweeping gun control law as unconstitutional.

“U.S. District Judge Glenn Suddaby on Thursday ruled that new requirements for background checks for gun permits — including a controversial provision requiring applicants to disclose their social media history — cannot be enforced,” The Blaze reported.

“Other restrictions on carrying firearms in so-called “sensitive locations” on public and private properties were also declared unconstitutional,” the outlet added.

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More info in this Twitter thread from Gun Owners of America:

From syracuse.com:

On Thursday, U.S. District Judge Glenn Suddaby ruled that several provisions of the state’s new gun law are unconstitutional and cannot be enforced.

He delayed the implementation of his decision for three business days, to allow the state to seek an appeals court’s ruling. Suddaby’s temporary restraining order is in effect until at least an Oct. 20 motion briefing in his court.

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.

His decision Thursday granted a temporary restraining order against six provisions listed in the law.

Suddaby took issue with the state’s new background check requirements. Four of the six provisions struck down related to tough requirements for an application or renewal of a license for concealed carry.
He rejected the provision that an applicant must have evidence to demonstrate they have “good moral character,” an attempt by the state to block guns from people with bad intent. Suddaby reversed the burden of proof, ruling that it’s up to the licensing agency to prove the applicant does not have good moral character.
Suddaby also ruled that the state cannot require applicants to have an in-person meeting with the licensing officer, disclose the names and contact information of all adults residing in their home or provide a list of all current and former social media accounts from the past three years.

The Blaze added:

Suddaby had previously said parts of the law were unconstitutional but had permitted the law to go into effect last month when he found that gun rights groups who sued New York state lacked standing to do so.

Democratic lawmakers rushed to pass the Concealed Carry Improvement Act in July after the U.S. Supreme Court struck down a century-old New York law requiring gun owners to show “proper cause” to carry a concealed weapon outside their homes. The high court said the law was unconstitutional in a rule that effectively ended “may issue” concealed carry license regimes, guaranteeing that states “shall issue” concealed carry licenses to firearms owners who apply for them.

Democrats decried the decision, and Gov. Kathy Hochul (D) vowed to enact a new gun control law that would “go right up to the line” in terms of what is legally permissible.

The result was the strictest gun control law in the nation, one that banned firearms in all public parks with few exceptions, airports, houses of worship, government buildings, and all private property except where the owners have posted signage permitting lawful gun owners to carry their weapons.

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Confusion over the poorly written and broad language of the law irritated hunters in upstate New York, where they were banned from carrying guns in bear country. The gun restrictions also led to sporting events and even Civil War reenactments being canceled for fear of participants committing a felony.

Gun rights groups celebrated Suddaby’s decision.

Via Gun Owners of America:

Erich Pratt, GOA’s Senior Vice President, issued the following statement:   

“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. We are grateful to Judge Suddaby for his quick action to restore the right of the people to keep and bear arms. Once the TRO goes into effect, GOA encourages New Yorkers to exercise their rights and to defend themselves and the ones they love.”   

Sam Paredes, on behalf of the Board of Directors for the Gun Owners Foundation, added:  

“New York doubled down to infringe on the Second Amendment in direct contradiction of the edicts from the U.S. Supreme Court. GOA and GOF are thankful to be vindicated by Judge Suddaby, who helped restore gun rights today. GOA and GOF will continue to fight for the rights of the people until Albany sets aside anti-gun hysteria and supports their citizens’ unalienable right to self-defense, as guaranteed by the Second Amendment.”  


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