A federal judge issued a temporary injunction on Thursday against a new New York law limiting concealed carry of firearms in the state. New York State Attorney General Letitia James said she will appeal.
U.S. District Judge Glenn T. Suddaby’s orders do not apply to all of the law, which went into effect in September after being passed by the Legislature in July.
Suddaby struct down parts that required applicants to prove they have “good moral character,” to submit to the government their list of social media accounts, and to provide the names of members of their family to the government in order to get a concealed carry permit. His order also allows citizens to carry guns in public places, such as Times Square or parks and on subways. He struck down the part of the law that required businesses to post a statement on their walls to clearly say whether they allow concealed firearms on their premises.
“Shouldering an applicant with the burden of showing that he or she is of such ‘good moral character’ (in the face of a de facto presumption that he or she is not) is akin to shouldering an applicant with the burden of showing that he or she has a special need for self-protection distinguishable from that of the general community, which is prohibited under (the recent Supreme Court ruling),” Suddaby wrote.
“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,” the judge wrote.
Erich Pratt, senior vice president of Gun Owners of America, issued a 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.”
For the expected appeal, there will be a hostile court. The Second Appeals Court was flipped conservative by former President Donald Trump. But since Joe Biden has become president, it has flipped back to becoming a liberal court.
Biden added Judge Sarah A.L. Merriam of Connecticut, with a confirmation vote that was a “yea” by Alaska Sen. Lisa Murkowski and other liberal Republicans, while Sen. Dan Sullivan of Alaska was a “nay” vote. Also added to a vacancy on the court was Judge Alison Nathan, who was confirmed by the Senate earlier this year, with no votes from both of Alaska’s senators. Nathan worked in the Obama White House.
Attorney General James said, “Common-sense gun control regulations help save lives. I will not back down from the fight to protect New Yorkers from repeated and baseless attacks on our state’s gun safety measures. I will continue to defend our responsible gun laws and fight for the safety of everyday New Yorkers.”
