New York Attorney General Letitia James filed a motion on Monday asking a federal appeals court to keep a new gun-control law in the state intact while her office appeals a judge’s decision blocking part of the new law.
Chief Judge Glenn Suddaby of the U.S. District Court in Syracuse on Oct. 6 had issued a temporary injunction blocking key parts of New York’s new gun law, the Concealed Carry Improvement Act (CCIA). The judge had determined that certain provisions of the new law violated the Second Amendment of the U.S. Constitution.
James is seeking to stay Suddaby’s decision pending a formal appeal to the ruling. In a statement Monday, she announced her office “filed a motion to keep the entire Concealed Carry Improvement Act in effect and continue to protect communities as the appeals process moves forward.” She added: “This common-sense gun control legislation is critical in our state’s effort to reduce gun violence. We will continue to fight for the safety of everyday New Yorkers.”
In her filing (pdf), James’s office argued that if the appeals court allows the temporary injunction to block certain parts of the CCIA, it would result in “confusing and inconsistent” enforcement of the law.
“The serious risk of irreparable harm to public safety and the possibility of regulatory chaos necessitates an immediate appeal,” her office told the New York-based U.S. Court of Appeals for the 2nd Circuit. “As the data confirm, more guns carried in more places by more people result in more crime, violence, and homicide. In addition, state and local officials have spent significant resources implementing the CCIA and informing New Yorkers about the new law, only to have [Judge Glenn Suddaby’s temporary injunction] sow confusion among the public, licensing officials, and law enforcement. The purpose of interim relief is to preserve the status quo, not to create turmoil during the pendency of litigation.”
The case is Antonyuk v. Hochul, 22-2379, 2nd U.S Circuit Court of Appeals.
A salesman shows off weapons for sale at Coliseum Gun Traders Ltd. in Uniondale, New York on Sept. 25, 2020. Timothy A. Clary/AFP via Getty Images
Judge Blocked Parts of New Gun-Control Law
Suddaby’s Oct. 6 order blocks some new requirements for background checks for gun permits under the law, including one that required applicants to hand over “a list of former and current social media accounts ... from the past three years” for review. Another requirement the judge largely blocked had stipulated that the applicant must provide evidence showing they have “good moral character.”
The ruling by Suddaby, a George W. Bush appointee, also blocked some new gun-free zones that were established under the new law, which covered some public and private properties, including city subways and Times Square. However, the ruling left in place other areas where firearm carry is prohibited under the new law, including schools, courts, and polling places.
The judge left other parts of the new law in place. His ruling largely sides with six New York residents who are members of Gun Owners of America, a pro-gun-rights group, who filed a lawsuit in late September to challenge the new gun-control law. The case is Antonyuk v. Hochul, 1:22-CV-0986, U.S. District Court for the Northern District of New York.
People walk past a "Gun Free Zone" sign posted on 40th Street and 7th Avenue on Auu. 31, 2022 in New York City. Under the CCIA, Time Square is considered a "sensitive location" where it is unlawful to carry a handgun even if one has a valid license. Michael M. Santiago/Getty Images
The CCIA came into effect on Sept. 1 after it was passed during an extraordinary session of New York’s legislature and later signed on July 1 by New York Gov. Kathy Hochul, a Democrat, after the U.S. Supreme Court ruled 6-3 to strike down a 100-year-old concealed carry law in late June. The old draconian law had required gun owners to show “proper cause” to obtain a legal permit.
The Supreme Court’s majority opinion in the case—New York State Rifle & Pistol Association v. Bruen, 20-843—declared that the proper cause requirement was in violation of the 14th Amendment because it prevented law-abiding citizens from exercising their Second Amendment right to keep and bear arms in public for self-defense. It furthermore recognized for the first time that Americans have a constitutional right to carry firearms in public for self-defense.
The Second Amendment states: “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”
Mimi Nguyen Ly
Reporter
Mimi Nguyen Ly is a former reporter for The Epoch Times.
