Federal Court Says New York Can Enforce New Concealed Carry Law

In November, we reported that a U.S. District judge suspended the New York Concealed Carry Improvement Act (below). His reasoning was that there were too many constitutional issues within multiple portions of the law. While it was a big win for New York gun owners, it, unfortunately, didn’t stand the test of time.

Federal Court Allows New York to Enforce New Concealed Carry Law

Last Wednesday, December 7^th, the 2^nd U.S. Circuit Court of Appeals put on hold most of a ruling from U.S. District Court Judge Glenn Suddaby. What this means is that, for now, the law stands, and New York can enforce it.

Specifically, “sensitive places” are back in place, and concealed carry is no longer allowed. In essence, a good portion of New York just became a gun-free zone again. Likewise, applicants must once again prove they are of “good moral character” and turn over their social media accounts to get a concealed carry permit.

According to the AP, “The appeals panel on Wednesday continued a stay put in place a week after Suddaby’s ruling while it considers a motion from government officials opposing the injunction.”

Ideally, the Appellate court will also find that the law runs afoul of the Constitution, as Suddaby did, and reinstate the injunction. But it really depends on the political balance in the court. So, it remains to be seen.

For now, New Yorkers will be left defenseless in the face of rising violent crime in their city. So, one can only hope that the court moves quickly on its decision. But there is no word on when it plans to address the case.

On November 8, 2022, PDW reported:

Following the recent ruling in New York State Rifle & Pistol Association, Inc v. Bruen, Governor Kathy Hochul skirted the Supreme Court decision and instituted new legislation. The New York Concealed Carry Improvement Act created a whole new slew of laws throughout the state. For example, the act turned almost the entirety of New York City into a gun-free zone. This was met with fierce opposition from Gun Owners of America.

The New York Concealed Carry Improvement Act

In typical Democrat fashion, when the ruling didn’t go her way, Hochul lashed out, calling the Supreme Court “reckless.” Of course, this was just a pretense to ignore the highest court in the land and do as she please. It would be irresponsible to cater to the whims of reckless decisions. Right?

According to a Fox News article at the time, “Democratic New York Gov. Kathy Hochul warned that her state is ‘just getting started’ on gun restrictions after the Supreme Court struck down a state gun control measure Thursday.”

And she made good on her promise by placing herself above the Supreme Court, creating the Concealed Carry Improvement Act. The legislation appears to be nothing more than a means to bully gun owners and concealed carry license applicants.

Likewise, the new state law imposes unconstitutional requirements when applying for concealed carry permits. For example, the law calls for more invasive background checks for anyone filing a license application.

Additionally, it limited a concealed carry license holder from carrying concealed in almost all public areas. Not to mention, carrying concealed weapons on private property without the express permission of the owner is a felony. Time Square, as a whole, immediately became a no-go zone for concealed carry.

The most brazen bully tactic is the leaked document advising law enforcement that gun owners are guilty until proven innocent. This is not only unconstitutional but downright tyrannical and authoritarian. What’s the Democrat’s favorite word for this kind of behavior? That’s right. Fascist.

However, as it turns out, a federal court in New York was not impressed with Governor Hochul’s temper tantrum. Nor was the judge allowing her to circumvent the highest court in the land.

Judge Issues Preliminary Injunction Against New York Concealed Carry Improvement Act

As you are most likely aware, Gun Owners of America recently filed a suit against the newly established law. Fortunately for NY gun owners, GOA was able to secure a preliminary injunction while it moves forward with the case.

According to Reuters, “Judge Glenn Suddaby of the U.S. District Court in Syracuse agreed to issue the order at the request of six New York residents who are members of Gun Owners of America, which competes with the National Rifle Association in political influence.”

This means that the newly formed concealed carry laws are now suspended while GOA continues litigation against the unconstitutional act. According to Judge Glenn Suddaby, the law has imposed “unprecedented constitutional violations,” and he has suspended the following provisions:

• Requiring good moral character
• Requiring the names and contact info of spouses and other adults in the applicant’s home
• Requiring applicants to disclose social media accounts for review
• The restrictions on carrying in public parks, zoos, places of worship, locations where alcohol is served, theaters, banquet halls, conferences, airports and buses, lawful protests or assemblies, and the prohibition on carrying on private property without express consent from the owner

However, he did keep certain bans in place for schools, courthouses, and polling places.

A Big Win for Second Amendment Rights

This signifies a huge win for the Second Amendment and gun rights while dealing a massive blow to the gun control lobby. Not to mention, it has the potential to send a clear message to other states that are watching closely.

Reuters continues, “The fate of New York’s new law is being watched by leaders in California, Maryland, and several other large states with gun regulations the Supreme Court found unconstitutional.”

The American people are watching closely too. Kathy Hochul’s attempt to circumvent the rule of law cannot go unchecked. We live in a Constitutional Republic, which means there are checks and balances to prevent this kind of authoritarian rule. Thankfully organizations like Gun Owners of America are standing the line against stunts like this.

Following the decision, Erich Pratt, GOA’s Senior Vice President issued the following statement:

“Just like we warned politicians after the Bruen decision, fall in line, or we will force you to. We are excited to see Kathy Hochul finally served a plate of humble pie, and we are fully prepared to continue the fight should she again attempt to disarm the citizens of her state at a time when her party’s policies are only escalating the danger that everyday citizens face.”

Sam Paredes, on behalf of the Board of Directors for the Gun Owners Foundation, added:  

“This is very exciting for the citizens of New York, as today liberty won and tyranny lost. GOF and our allies remain fully prepared to defend this ruling from the foolish appeals that the anti-gunners in Albany will inevitably bring.”

This decision from Judge Suddaby instills renewed hope that the process still works. But we must stay vigilant and hold the line because Hochul ignored previous rulings, and she may try again.

Unless she’s voted out today. Go vote.