Federal Judge Rules New York Can Restrict Gun Ownership

Judge Glenn Suddaby for the U.S. District Court for the Northern District of New York denied a motion for an injunction blocking the law’s implementation Thursday, ruling in favor of the plaintiffs, Gun Owners of America (GOA) and the Gun Owners Foundation (GOF). they had no right to represent their members in court. New York Attorney General Letitia James, who defended the new law on behalf of the state, issued a statement Wednesday night saying it had successfully thwarted “baseless attacks from the gun lobby.” “As gun violence continues to impact communities across the country, today’s decision is a victory in our efforts to protect New Yorkers,” James said. “Responsible gun control measures save lives, and any attempts by the gun lobby to dismantle New York’s sensible gun control laws will be met with fierce defense of the law. “We will continue to defend the constitutionality of our laws to protect all New Yorkers,” the attorney general continued. The Australian government and GOF, which have challenged the law’s constitutionality under the First, Fourteenth and Second Amendments, are likely to appeal the case to the US Second Circuit Court. Ahead of Wednesday’s ruling, the Australian government tweeted that New York’s new law “will effectively make all of New York a gun-free zone and violates the rights of its citizens.” New York passed the Concealed Carry Improvement Act (CCIA) in July, just days after the US Supreme Court ruled unconstitutional an earlier state law that required good cause for those wishing to conceal and carry in public. The CCIA requires applicants for a concealed carry permit to undergo 16 hours of classroom training and two hours of live-fire exercises. Applicants will also undergo a review of their social media accounts for the past three years to assess character, a rule that comes in the wake of deadly mass shootings. In addition, carrying guns in amusement parks, schools, churches, subways and other places deemed sensitive by the state would be prohibited. Gun owners would also have to get permission from property owners to carry a gun on private property. The CCIA also requires four character references that can confirm the applicant’s “good character”, a point the GOA disputed as subjective. The plaintiffs also challenged the state-designated sensitive sites provision and training requirements, as well as other aspects of the law. Suddaby, while denying the plaintiff’s request for an injunction preventing the CCIA from proceeding, issued a mixed opinion on each of the disputed counts, but seemed willing to support the plaintiffs if the case had gone fully forward. “The undersigned has a strong sense of security that regularly provides or would provide a licensed concealed handgun to many law abiding responsible citizens in the state too unable to physically defend themselves in public without a handgun,” Suddaby wrote. . He supported the plaintiff’s arguments that the “good character” requirement was based on “vague, subjective criteria.” The judge also disagreed with the state including a list of places that prohibit gun owners from carrying in “sensitive” locations, which he said include places that are “insensitive by nature.” Appeals court rules Trump administration’s two Gulf lease sales illegal Federal court cancels upcoming hearing on Trump lawyer’s phone possession However, Suddaby supported the state on requirements for training, applicants submitting four character reports, attending an in-person interview with an officer and undergoing a social media background check. New York Gov. Kathy Hotchul (D) tweeted her support for the judge’s firing after the ruling. “This is a just and right decision, and our smart, common sense gun laws will go into effect as scheduled tomorrow to keep New Yorkers safe,” he wrote.

title: “Federal Judge Rules New York Can Restrict Gun Ownership Klmat” ShowToc: true date: “2022-10-27” author: “Barry Daly”

Judge Glenn Suddaby for the U.S. District Court for the Northern District of New York denied a motion for an injunction blocking the law’s implementation Thursday, ruling in favor of the plaintiffs, Gun Owners of America (GOA) and the Gun Owners Foundation (GOF). they had no right to represent their members in court. New York Attorney General Letitia James, who defended the new law on behalf of the state, issued a statement Wednesday night saying it had successfully thwarted “baseless attacks from the gun lobby.” “As gun violence continues to impact communities across the country, today’s decision is a victory in our efforts to protect New Yorkers,” James said. “Responsible gun control measures save lives, and any attempts by the gun lobby to dismantle New York’s sensible gun control laws will be met with fierce defense of the law. “We will continue to defend the constitutionality of our laws to protect all New Yorkers,” the attorney general continued. The Australian government and GOF, which have challenged the law’s constitutionality under the First, Fourteenth and Second Amendments, are likely to appeal the case to the US Second Circuit Court. Ahead of Wednesday’s ruling, the Australian government tweeted that New York’s new law “will effectively make all of New York a gun-free zone and violates the rights of its citizens.” New York passed the Concealed Carry Improvement Act (CCIA) in July, just days after the US Supreme Court ruled unconstitutional an earlier state law that required good cause for those wishing to conceal and carry in public. The CCIA requires applicants for a concealed carry permit to undergo 16 hours of classroom training and two hours of live-fire exercises. Applicants will also undergo a review of their social media accounts for the past three years to assess character, a rule that comes in the wake of deadly mass shootings. In addition, carrying guns in amusement parks, schools, churches, subways and other places deemed sensitive by the state would be prohibited. Gun owners would also have to get permission from property owners to carry a gun on private property. The CCIA also requires four character references that can confirm the applicant’s “good character”, a point the GOA disputed as subjective. The plaintiffs also challenged the state-designated sensitive sites provision and training requirements, as well as other aspects of the law. Suddaby, while denying the plaintiff’s request for an injunction preventing the CCIA from proceeding, issued a mixed opinion on each of the disputed counts, but seemed willing to support the plaintiffs if the case had gone fully forward. “The undersigned has a strong sense of security that regularly provides or would provide a licensed concealed handgun to many law abiding responsible citizens in the state too unable to physically defend themselves in public without a handgun,” Suddaby wrote. . He supported the plaintiff’s arguments that the “good character” requirement was based on “vague, subjective criteria.” The judge also disagreed with the state including a list of places that prohibit gun owners from carrying in “sensitive” locations, which he said include places that are “insensitive by nature.” Appeals court rules Trump administration’s two Gulf lease sales illegal Federal court cancels upcoming hearing on Trump lawyer’s phone possession However, Suddaby supported the state on requirements for training, applicants submitting four character reports, attending an in-person interview with an officer and undergoing a social media background check. New York Gov. Kathy Hotchul (D) tweeted her support for the judge’s firing after the ruling. “This is a just and right decision, and our smart, common sense gun laws will go into effect as scheduled tomorrow to keep New Yorkers safe,” he wrote.