We reported in November that a U.S. district judge had suspended the New York Concealed Carry Improvement Act (below). His reasoning was that the law contained too many constitutional problems. It was a huge win for New York gun owners but it didn’t last.
Federal Court allows New York to enforce new concealed carry law
The 2nd U.S. District Court Judge Glenn Suddaby ruled last Wednesday, December 7. Circuit Court of Appeals put off most of a ruling by U.S. District Court Judge Glenn Suddaby. This means that the law is still in effect and New York can enforce it.
Concealed carry is now prohibited in “sensitive areas”. A large portion of New York has been declared a gun-free zone. To obtain a concealed carry permit, applicants must again prove their moral character and turn over all social media accounts.
According to the AP, “The appeals panels on Wednesday continued a stay in effect a week after Suddaby ruled while they consider a motion from government officials challenging the injunction.”
The Appellate court should also decide that the law is in violation of the Constitution as Suddaby did and reinstate the injunction. It all depends on the court’s political balance. It remains to be seen.
New Yorkers will remain defenseless against rising violent crime in their community for the moment. It is possible to only hope that the court will quickly make a decision. However, there is no information on when the court will address the case.
PDW reported the following on November 8, 2022:
New York State Rifle & Pistol Association, Inc v. Bruen was the latest ruling. Governor Kathy Hochul reacted to the Supreme Court’s decision and created new legislation. The New York Concealed Carry Improvement Act introduced a new set of laws throughout the state. The act made New York City virtually a gun-free zone. Gun Owners of America reacted strongly to this.
The New York Concealed Carry Improve Act
Hochul, in typical Democrat fashion, screamed at the Supreme Court when it didn’t go her direction. It would be irresponsible for us to give in to the reckless decisions of others. Right?
According to Fox News, the Democratic New York Governor. Kathy Hochul said that her state is only just getting started with gun restrictions after Thursday’s Supreme Court decision to strike down a state gun control measure.
She kept her promise and created the Concealed Carry Improvement Act. It appears that the legislation is a tool to bully concealed carry license applicants and gun owners.
The new state law also imposes unconstitutional requirements for concealed carry permits. The law, for example, requires more extensive background checks for anyone applying for a license.
It also prohibited concealed carry license holders from concealing in public areas. It is also a crime to carry concealed weapons on private property without permission. Time Square was immediately declared a no-go area for concealed carry.
Leaked documents advising law enforcement that gun owners were guilty until proven innocent are the most outrageous bully tactic. This is not only illegal, but also downright dictatorial and authoritarian. What is the favorite word of the Democrat for this type of behavior? That’s right. Fascist.
As it turned out, Governor Hochul’s temper tantrum was not appreciated by a New York federal court. The judge also did not allow Hochul to bypass the highest court in the country.
Judge issues preliminary injunction against New York Concealed Carry Improvement Bill
Gun Owners of America filed a lawsuit against the new law, as you probably know. GOA was able, for NY gun owners to obtain a preliminary injunction as it continues with the case.
According to Reuters, “Judge Glenn Suddaby of U.S. District Court, Syracuse” issued the order at the request of six New York residents. Gun Owners of America competes with National Rifle Association for political influence.
This means that concealed carry laws have been suspended, while GOA continues litigation against the unconstitutional act. Judge Glenn Suddaby stated that the law has imposed “unprecedented Constitutional violations” and has therefore suspended the following provisions:
Requirements for good moral character. Names and contact information of spouses and other adults living at the applicant’s house. Social media accounts must be disclosed by applicants for review.
He did however keep in place certain restrictions for schools, courtshouses and polling places.
A big win for Second Amendment Rights
This is a major win for the Second Amendment and gun right, while also dealing a major blow to the gun control lobby. It could also send a clear message for other states that are closely watching.
Reuters continues: “The fate New York’s new law will be watched closely by leaders from California, Maryland and many other large states with gun regulations that the Supreme Court deemed unconstitutional.”
The American people are also closely watching. Kathy Hochul’s attempt at circumventing the rule of law must be stopped. We live in a Constitutional Republic which means that there are checks to stop authoritarian rule. Gun Owners of America and other organizations are fighting against such stunts.
Following the decision, Erich Pratt (GOA’s Senior Vice President) issued the following statement.
“Just as we warned politicians following the Bruen decision. We will force you to follow our lead or fall in line. We are thrilled to see Kathy Hochul finally serve a plate of humble pie. We are ready to fight her again if she attempts to disarm citizens of her state, at a moment when her party’s policies only increase the dangers that everyday citizens face.”
Sam Paredes, representing the Board of Directors of the Gun Owners Foundation, also added:
“This is very exciting news for New Yorkers, as today liberty won and dictatorship lost. The GOF and allies are fully prepared to defend the ruling against the absurd appeals that Albany’s anti-gunners will inevitably make.”
Judge Suddaby’s decision gives us renewed hope that the process will continue to work. We must be vigilant and keep our feet on the ground because Hochul may ignore previous rulings and try again.
Unless she votes out today. Go vote.
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The post Federal Court Declares New York Can Enforce New Concealed Carry Law appeared originally on Personal Defense World.
