Big Brother

Federal Judge Declares Most Of New York Gun Laws Unconstitutional

Published on 12 months ago

Constitutionalists and other unbiased judges have provided the bulwark our nation’s founders included as a safety guard against a tyrannical federal government from forming.

Their rulings have protected citizens by blocking and overturning unconstitutional laws that were intended to strip away, primarily, their 1st and 2A rights.

On Thursday, a federal judge blocked key provisions of New York’s latest attempt to restrict who can carry a handgun in public and where firearms can be brought, saying multiple parts of a law the state passed this year are unconstitutional.

U.S. District Judge Glenn Suddaby focused on multiple parts of the law, saying licensing requirements — like a rule requiring applicants to turn over information about their social media accounts — went too far.

“Simply stated, instead of moving toward becoming a shall-issue jurisdiction, New York State has further entrenched itself as a shall-not-issue jurisdiction. And, by doing so, it has further reduced a first-class constitutional right to bear arms in public for self-defense… into a mere request,” wrote Suddaby, who sits in Syracuse.

The ruling maintains restrictions barring firearms from being carried into schools, government buildings, and places of worship, but the judge said the state couldn’t ban guns from other sensitive locations, such as Times Square.

Suddaby delayed the implementation of his decision by three business days to give the state time to appeal, the Post-Standard reported.

The judge has also issued a temporary restraining order that would block six provisions of the law, called the Concealed Carry Improvement Act. Four of those provisions are related to requirements to apply for or renew a license for concealed carry.

The rules were part of a sweeping gun law that went into effect Sept. 1 designed to protect public safety while adhering to a U.S. Supreme Court ruling that invalidated New York’s century-old system requiring gun owners to show “proper cause” to carry a concealed weapon outside their homes.

Democrats decried the decision, and Gov. Kathy Hochul (D) vowed to enact a new gun control law that would “go right up to the line” in terms of what is legally permissible.

The result was the strictest gun control law in the nation, one that banned firearms in all public parks with few exceptions, airports, houses of worship, government buildings, and all private property except where the owners have posted signage permitting lawful gun owners to carry their weapons.

The first provision declared unconstitutional was a requirement that concealed carry license applicants provide evidence that demonstrates they have “good moral character.” Suddaby said that the burden of proof lies on the state licensing agency to show that an applicant does not have “good moral character.”

Suddaby’s decision also said that the state cannot require applicants to meet in person with the licensing officer, disclose the names and contact information of all adults residing in their homes, or provide a list of all current and former social media accounts from the past three years, the Post-Standard reported.

The judge also said the law’s definition of a “sensitive location” where guns are impermissible is unconstitutionally broad. De facto gun-free zones can only be enforced in government administrative buildings, polling places, public areas restricted to general access for special events through permits, or any public or private educational facilities, Suddaby wrote.

The ruling also clarified that while guns remain banned in houses of worship, individuals tasked with providing security are permitted to carry firearms within.

Confusion over the poorly written and broad language of the law irritated hunters in upstate New York, where they were banned from carrying guns in bear country.

Gun rights groups celebrated Suddaby’s decision.

“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,” said Erich Pratt, the senior vice president of Gun Owners of America.”

“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,” Pratt added.