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Federal judge blocks NY gun ban in Times Square, subways
By
Jon Campbell
Published Oct 6, 2022
Modified Oct 6, 2022
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John Lamparski/Getty Images
By
Jon Campbell
Published Oct 6, 2022
Modified Oct 6, 2022
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A federal judge blocked New York’s newly enacted ban on carrying guns in Times Square and on public transportation including the New York City subway system, ruling that it likely violates the Second Amendment right to bear arms.
U.S. District Judge Glenn Suddaby of Syracuse issued a temporary restraining order on Thursday that will prohibit much of the state’s new concealed carry laws from being enforced as the lawsuit challenging the measures begins its journey through the court system. The ruling serves as a major blow to the laws Gov. Kathy Hochul and Democratic state lawmakers approved in July, when they were trying to blunt the impact of a Supreme Court decision making it easier to get a permit to legally carry a gun in public.
But Suddaby's order will not take effect for three business days, giving Hochul's administration and state Attorney General Letitia James until early next week to file an emergency appeal that could block it from taking effect.
"We are working with the Attorney General's office to review the decision carefully and discuss next steps in an appeal," Hochul said in a statement.
Suddaby’s 53-page ruling comes in response to a legal challenge filed by national firearm organization Gun Owners of America that sought to strike down the Concealed Carry Improvement Act, a wide-ranging gun-control bill signed into law by Hochul earlier this year.
It did not come as a surprise. Last month, the same judge dismissed a similar lawsuit filed by the same gun owners group entirely on procedural grounds. But his sharply worded ruling made clear he found the new gun-control laws to be unconstitutional. The gun-rights organization filed a new lawsuit correcting the procedural errors late last month, which resulted in Thursday's order.
In his decision Thursday, Suddaby said the new gun laws run afoul of the right to carry a firearm for the purposes of self-defense.
"(New York state) has further reduced a first-class constitutional right to bear arms in public for self-defense ... into a mere request," he wrote.
The Concealed Carry Improvement Act, as the state law is known, came in response to the U.S. Supreme Court decision in June that threw out a prior state law requiring someone to have “proper cause” — such as a specific need for self-defense — in order to get a permit to carry a concealed firearm.
In response, Hochul and state lawmakers approved a series of measures that sought to dull that ruling, including by requiring concealed permits to only be issued to people with "good moral character" who can prove they have the “temperament and judgment necessary … to use (a gun) only in a manner that does not endanger oneself or others.” But Suddaby ruled that much of that measure was too subjective, in violation of the Supreme Court's ruling.
As part of the process to get a permit, applicants are required under the new state law to give up the names of all of their recent social media accounts, as well as sit for an in-person interview — both measures that would be struck down by Suddaby's order.
The law also included a wide-ranging list of areas where all guns would be banned, with limited exemptions for law enforcement and military personnel. The so-called "gun-free zones" were an attempt to comply with a portion of the Supreme Court ruling that allowed for guns to be prohibited in "sensitive" locations, and the law also included a presumption that private businesses banned guns on premises unless they proactively put a sign in their window saying otherwise.
But Suddaby’s ruling found the state went too far with a list that was far too broad. His temporary restraining order would block the state from enforcing its ban on concealed carry on public transit, in Times Square and the surrounding area, in museums and in a variety of event venues, including sports arenas and performing arts spaces. It also would block the private-business presumption.
Suddaby did allow guns to remain banned in polling places, educational settings, nursery schools, places of worship, buildings used for government administration and public assemblies, along with certain outdoor events where public spaces are blocked off by permit. That means that, while the temporary restraining order is in effect, guns could likely be prohibited for the New Year's Eve celebration in Times Square.
In a statement, Gun Owners for America hailed the ruling, with Senior Vice President Erich Pratt saying the organization is "grateful to Judge Suddaby for his quick action to restore the right of the people to keep and bear arms."
Hochul, a Democrat, has been a major backer of the gun-control laws, which she shepherded through the Legislature. She is up for election on Nov. 8 and has repeatedly touted her efforts to combat gun violence.
"The Concealed Carry Improvement Act was carefully crafted to put in place common-sense restrictions around concealed carry permits," she said in a statement. "While this decision leaves aspects of the law in place, it is deeply disappointing that the Judge wants to limit my ability to keep New Yorkers safe and to prevent more senseless gun violence."
If a mid-level appeals court allows Suddaby's order to take effect, it will remain in place while Gun Owners of America argues for a full injunction.
In a statement, James, the attorney general whose office is representing Hochul's administration, said she believes the "entire law must be preserved as enacted."
"I will continue to defend our responsible gun laws and fight for the safety of everyday New Yorkers," she said.
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Jon Campbell
Jon Campbell covers the New York State Capitol for WNYC and Gothamist. Prior to that, he covered the Capitol for more than a decade for the USA TODAY Network. He has twice earned the Walter T. Brown Memorial Award, an honor given annually by the Legislative Correspondents Association alumni for outstanding state government coverage. Jon grew up in the Buffalo area and graduated from the University at Albany. Got a tip? Email Jon at [email protected] or Signal at JonCampbellNY.90.
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