New York’s newest gun laws likely violate the Second Amendment, a U.S. District Court Judge said on Thursday, while temporarily halting some of the new legislation.
Judge Glen Suddaby said parts of the licensing requirements signed into law by Gov. Kathy Hochul, D-N.Y., in the summer, go too far.
Suddaby’s 53-page ruling also touches on weapons bans in specific locations like Times Square, which could be unconstitutional. The case was filed by Gun Owners of America against New York State.
The judge ruled New York lawmakers had only partially justified the recent rules in the Concealed Carry Improvement Act.
New York altered its laws just days after the U.S. Supreme Court voted 6-3 in June to strike down a New York law that said gun owners must demonstrate a need to carry firearms outside the home to obtain a legal permit.
The court ruled that Americans have the right to carry arms outside of the home and in public — in a major victory for advocates of the Second Amendment.
“Although this Court has found that most of the CCIA’s list of ‘sensitive locations’ violate the Constitution, the Court does so not because the list (or a portion of the list) must rise or fall in its entirety but because Defendants have simply not met their burden of sifting the historical materials for evidence to sustain New York State’s statute,” Suddaby wrote, referencing the recent Supreme Court decision.
“Based on the historical analogues located thus far, it does not appear permissible for New York State to restrict concealed carry in the following place: the area commonly known as Times Square.”
Suddaby, who was appointed by former president George W. Bush, did leave in place certain provisions of the law that ban or restrict guns from property owned or being run by the government, including polling places, schools and houses of worship.
Hochul called the decision “reckless” and “disappointing” after it was released, but vowed to keep fighting.
“In the wake of the Supreme Court’s reckless decision to reverse established law amid a national gun violence crisis, we acted decisively to keep New Yorkers safe. It is deeply disappointing that a Judge wants to limit my ability to protect New Yorkers and prevent gun violence,” the governor wrote on Twitter Thursday afternoon.
“We are working with @NewYorkStateAG to review the decision carefully and discuss next steps in an appeal. I will continue to do everything in my power to combat the gun violence epidemic and protect New Yorkers.”
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