Key Part of New York Concealed-Carry Law Challenged in Court

Handguns are displayed at the New York State Arms Collectors Association's annual gun show at the Empire State Plaza Convention Center in Albany, N.Y., on Jan. 26, 2013. Philip Kamrass/AP Photo

A key part of a newly-passed gun law in New York got its first challenge on July 11 as more Republicans are expected to join similar legal efforts.

Carl Paladino, a Republican, filed a lawsuit challenging Section 5 of the gun law in the federal court in Buffalo.

The challenged section bans concealed carry licensees from bringing their concealed weapons into private businesses unless the owners put up signs saying guns are welcome. People who bring guns into places without such signs could be prosecuted on felony charges.

Section 5 will turn the Second Amendment’s guaranteed right to self-defense into a right New Yorkers may only exercise after receiving permission from strangers, the lawsuit claims.

Paladino also planned to file a motion to block this section before it takes effect on Sept. 1.

“I am confident that I will win my lawsuit, and I am prepared to take this all the way to the Supreme Court to do so,” he said in a statement.

Then-Republican gubernatorial candidate Carl Paladino speaks to his supporters at American Defense Systems in Hicksville, N.Y., on Oct. 26, 2010. Hiroko Masuike/Getty Images

Paladino is competing in a primary in New York’s 23rd Congressional District, which runs from the suburbs of Buffalo to rural communities along the Pennsylvania border.

He’s apparently not the only Republican who’s challenging the strict gun law.

State Republican Party Chair Nick Langworthy, who also is competing in that GOP primary, said last week the party would challenge the law as part of a coalition.

Hochul: Ready to Defend Gun Law in Court

New York lawmakers this month approved an overhaul of licensing rules after the Supreme Court struck down a 109-year-old state law that required people to demonstrate an unusual threat to their safety to qualify for a license to carry a handgun outside their homes.

The sweeping law signed by Democratic Gov. Kathy Hochul is set to take effect Sept. 1. Among other provisions, it will require people applying for a handgun license to complete 16 hours of firearm safety training, prove themselves to have good “moral character,” and turn over a list of their social media accounts for the last three years which will be used “to confirm ... character and conduct.”

The new law will also prohibit carrying firearms at a long list of “sensitive places,” including schools and airports.

New York Gov. Kathy Hochul speaks to guests during an event with President Joe Biden and several family members of victims of the Tops market shooting at the Delavan Grider Community Center in Buffalo, N.Y., on May 17, 2022. Scott Olson/Getty Images

Hochul, at an unrelated public appearance July 12, said the new gun legislation is solid, and that she is ready to “defend it in court.”

“We worked very intentionally with top legal minds in this country to craft legislation, working with the Legislature to make sure this met all constitutional requirements and thresholds,” she said. “It was not rushed other than the fact that the Supreme Court took away the right of the governor to protect the people in her state.”

Caden Pearson and The Associated Press contributed to the report.