NY's new gun laws can stay in effect temporarily, judge rules
A federal appeals court on Wednesday allowed New York's new gun restrictions to remain in effect temporarily, just days after a lower-court judge invalidated much of the law but paused his ruling to give New York officials time to appeal the decision.
Wednesday's ruling safeguards several restrictions on the concealed-carry of weapons in public that had been declared unconstitutional last week. These include the prohibition of firearms in sensitive public areas, such as on buses and subway cars, and enhanced vetting of concealed-carry applicants.
Both of these provisions were among the many amendments axed by Judge Glenn Suddaby, following the U.S. Supreme Court's decision in New York State Rifle & Pistol Association v. Bruen, which significantly expanded the scope of Second Amendment rights.
However, Wednesday's decision from the U.S. Court of Appeals for the Second Circuit is only temporary, and it will be further evaluated in the near-term by a three-judge panel.
New gun laws:What you need to know
State lawmakers had drafted the new restrictions as part of the Concealed Carry Improvement Act, a hallmark piece of legislation designed to rein in the ramifications of the Bruen decision.
The new legislation was meant to provide licensing officials with additional information about concealed-carry applicants, now that they are presumptively able to obtain a permit to carry a concealed firearm in public. The law was also aimed at restricting how and where licensees can carry their guns in public.
New York Attorney General Letitia James praised the Second Circuit's decision, saying it would allow the law to "protect communities as the appeals process moves forward."
JUST IN: Appeals court temporarily pauses ruling that would have eliminated key parts of New York's Concealed Carry Improvement Act.
At least for the time being, guns are prohibited from Times Square, the subway, etc.— Asher Stockler (@quasiasher) October 12, 2022
What parts of the law had been struck down?
Under the new law, lawmakers banned the concealed-carry of firearms in certain populated areas, known as sensitive places. But under Suddaby's decision, the carrying of guns would no longer be prohibited by state law in the following locations:
Times Square
The subway and other public transportation systems
Bars, restaurants and theaters
Libraries
Public parks and zoos
Shelters for the homeless, youth and domestic violence victims
Other aspects of New York's gun law Suddaby declared unconstitutional included requirements that concealed-carry applicants provide the names of family members and a list of their social media accounts.
What parts of NY's gun law did Suddaby uphold?
Suddaby found some aspects of the law were supported by an historical tradition of firearms regulation, which is the new test developed by the Supreme Court for evaluating gun restrictions.
He ruled New York could still restrict firearms in:
Government buildings
Polling places
Schools
Public assemblies
Spaces where general public access is limited for a period of time or for an event
Houses of worship (with the exception of people tasked with maintaining security there.)
He left the "good moral character" requirement for gun-license applicants largely intact, though clarified the burden of proof is on the state to determine whether someone is of bad moral character, rather than an applicant demonstrating the reverse. He also let stand the new requirement that applicants undergo 18 hours of firearm training.
This article originally appeared on Rockland/Westchester Journal News: NY's concealed carry gun laws upheld for now, judge rules