NEW YORK – A federal judge on Thursday suspended key measures related to New York’s latest efforts to restrict who can carry a firearm in public and where it can be carried. This is saying that several parts of a law that the state passed this year are unconstitutional.
US District Judge Glenn Suddaby focused on several parts of the law, saying the licensing requirements, such as a rule requiring applicants to provide information about their social media accounts, have gone too far.
Put simply, instead of becoming a mandatory issuing jurisdiction, New York State has further entrenched itself as a non-issuing jurisdiction. And in doing so, it further reduced the first-rate constitutional right to carry firearms in public in self-defense … to a simple request, ”wrote Suddaby, a Syracuse judge.
The law goes into effect Thursday and bans the use of firearms in certain areas such as Times Square. Luis Alejandro Medina with details.
The ruling would support existing restrictions that prevent firearms from entering schools, government buildings and places of worship, but the judge said the state cannot ban firearms in other sensitive places, such as Times Square.
The judge gave the state three business days to seek emergency relief from a federal appeals court.
The rules were part of a broad weapons law that went into effect on September 1 designed to protect public safety while adhering to a United States Supreme Court ruling that invalidated the old New York system for awarding weapons, i permits for carrying firearms outside the home.
The law has increased the training requirements for candidates and requires them to provide more private information, including a list of everyone living in your family. Suddaby said the law’s requirement that a license applicant have “good moral character” is unconstitutional, as currently written.
Governor Kathy Hochul and state legislator passed the law this summer shortly after the high court overturned a state law that required people to demonstrate an unusual threat to their safety in order to qualify for a license to carry a firearm. set fire outside their homes. In a statement Thursday, the Democrat called the decision “disappointing”.
“In the aftermath of the Supreme Court’s reckless decision that overturned decades of well-established laws amid a national crisis of gun violence, the state legislature and I took decisive action to keep New Yorkers safe. Hidden transportation permits,” Hochul said.
“While this decision leaves some aspects of the law in place, it is deeply disappointing that the judge wants to limit my ability to protect New Yorkers and prevent further senseless gun violence,” he continued. “We are working with the Attorney General’s Office to carefully review the decision and discuss next steps on appeal. I will continue to do everything in my power to combat the outbreak of gun violence and protect New Yorkers.”
There have been several federal challenges to the law from gun rights defenders who argue that the legislation violates the Second Amendment and free speech rights.
This suit was purchased by six firearms owners in New York state who claim the law violates their constitutional rights. Most plaintiffs have firearms licenses and argue that the law prevents them from carrying a firearm to designated sensitive locations such as state parks or churches.
A plaintiff intends to apply for a transportation permit but is unwilling to share social media posts or character references with investigators, according to the federal complaint.
New York is among half a dozen states whose gun regulations have been invalidated by the Supreme Court.
