A US federal judge on Thursday blocked enforcement of New York’s new gun law, undermining for the second time this year the state’s efforts to control a key factor behind rising homicides.
The judge accepted a request for a temporary stay of the state law passed on July 1 and implemented on September 1, which severely restricted the carrying of guns in “sensitive locations” such as New York City’s Times Square, bars, schools and playgrounds.
The new law was passed after the Supreme Court — in a landmark June 23 ruling — overturned New York’s previous gun laws, saying they unlawfully restricted a person’s right to carry a firearm in public.
However, gun rights advocates said that although the new law was tailored to the Supreme Court’s ruling, in practice it interfered with their constitutional rights to freedom of expression and the possession of firearms.
Judge Glenn Suddaby apparently agreed, granting gun rights attorneys a stay or temporary suspension of the new law while their lawsuit over it continues.
The ruling is the latest chapter in the fight over the state’s gun laws, which severely limit who can carry a firearm outside the home.
In its latest version following the Supreme Court ruling, state law required a person seeking a public handgun license to demonstrate “good moral character,” a process that included verifying their social media accounts, providing four character credentials and 18 hours of firearms training.
It also established a long list of “sensitive locations” where firearms could not be carried.
The judge agreed that these requirements were unlawfully onerous and comprehensive and that Times Square and other sensitive locations did not deserve special protection.
Suddaby said the new law still gives New York officials too much power to turn down gun license applicants, forcing them to do whatever it takes to prove they are of good moral character rather than assuming they are had no conflicting information.
“We are grateful to Judge Suddaby for his quick action to restore the right of people to own and bear guns,” said Erich Pratt, senior vice president of Gun Owners of America.
New York Gov. Kathy Hochul said they are considering an appeal of the suspension.
“I will continue to do everything in my power to fight the epidemic of gun violence and keep New Yorkers safe,” she said in a statement.
But the plaintiffs in this case, supported by Gun Owners of America, could then take their arguments all the way to the Supreme Court, where the majority of judges have already made it clear that they support a constitutional right to bear arms in general.
