A federal judge temporarily blocked enforcement of certain parts of a New York gun legislation that was passed in response to a Supreme Court ruling earlier this summer that reaffirmed some protections.
One of the New York laws that the state can’t enforce is the one that declares Times Square a “gun-free area.” This law prohibits the carrying of concealed handguns outside the home.
Judge Glenn T. Suddaby, US District Court for the Northern District of New York, stated that the state had “further reduced a first-class constitutional right of bear arms in public for defense” to a mere request. This was a controversial requirement that was proposed by the high court last spring.
Justice Clarence Thomas wrote for a court of 6-3 that a state must justify regulation by showing that it is consistent with the Nation’s historical tradition of firearm regulation.
Suddaby, in his comments about Times Square, cited the Supreme Court decision. He said it could argue that historical statutes that prohibited guns from being carried in “fairs and markets” were analogous to current law. He said that he only had two of these laws.
He wrote, “Two statutes don’t make a tradition.”Critics correctly predicted that the Supreme Court’s decision, which was the largest expansion of gun rights in a decade, would lead to new challenges for gun regulations throughout the country.
In three business days, the temporary restraining order becomes effective.
New York Governor. Kathy Hochul, a Democrat said that her office was working with the state attorney General to discuss an appeal.
Hochul stated that while the law is still in effect, it was deeply disappointing that the judge wanted to limit my ability to keep New Yorkers safe as well as prevent more gun
Gun Owners of America (a group that includes all six plaintiffs) said they were grateful for the judge’s decision. They also criticized Hochul, New York City Mayor Eric Adams, as “anti-gunners.”
GOA Senior Vice President Erich Pratt stated in a statement, Hochul and Adams “misrepresented” the Second Amendment to courts, placing New Yorkers in great danger in the face of rising crime.
Plaintiffs include at least one person who wishes to bring his gun to church. They claim that the state violates their Second Amendment rights and denies them the right to self-defense. In an attempt to prevent the state from enforcing its new set of laws, they have filed for a preliminary order with Suddaby.
The judge’s decision acknowledges that the Constitution generally protects the public carrying of handguns.
The provisions preventing concealed weapons carry in polling places or houses of worship are still in force. However, the court made an exception for “those persons who have been tasked to keep the peace at any place of worship or religious observation.” Concealed carry is also prohibited in New York State’s nursery schools, preschools, and other school-based institutions as well as protests or “public assemblies.”
However, the state cannot enforce concealed carry restrictions on public transportation such as subway cars, railroads, and summer camps. This is due to these places being in areas where security or law enforcement are “presumably” readily available.
The state cannot also enforce a requirement that a potential gun owner must turn over three years’ worth of social media accounts.
Hochul signed the law in September as a quick response to New York’s gun laws that required residents to get a permit to carry concealed pistols or revolvers in public. Hochul also demonstrated that there was a “proper cause”.
It enacts strict guidelines for concealed-carry licenses and requires background checks to sell ammunition. It also prohibits concealed firearm carry in public places, such as government buildings.