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Judge rules NYC gun licensing restrictions as unconstitutional
By
Phil Corso
Published Oct 24, 2023
Modified Oct 24, 2023
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Eduardo MunozAlvarez/VIEWpress
By
Phil Corso
Published Oct 24, 2023
Modified Oct 24, 2023
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A Manhattan federal judge has ruled provisions to New York City's gun restrictions as unconstitutional, pushing back on requirements that say those applying for permits must prove they have “good moral character."
Judge John P. Cronan filed the ruling on Tuesday night, arguing the city law violated the Constitution's 2nd and 14th amendments. The lawsuit was filed last year by Brooklyn resident Joseph Srour, who was seeking a permit to have various guns in his home, but was denied in 2019 due to prior arrests, bad driving history and supposedly false statements on applications, Cronan's ruling says.
“Each of these provisions allows for the denial of a firearm permit upon a City official’s determination of the applicant’s lack of 'good moral character' or upon the official’s finding of 'other good cause' — broad and unrestrained discretionary standards which Defendants have not shown to have any historical underpinning in our country," the ruling says. "And because that unconstitutional exercise of discretion occurs every time a licensing official applies or has applied these provisions, they each are facially unconstitutional."
The June 2022 U.S. Supreme Court Bruen decision made it easier for people to obtain a permit to carry handguns in New York's public spaces. State legislators subsequently passed a law called the Concealed Carry Improvement Act, restricting where even concealed carry permit holders may bring their weapons. That prompted legal challenges from Second Amendment supporters, who then filed multiple lawsuits since the new legislation passed.
"Judge Cronan’s text, history and tradition analysis was spot-on," Amy Bellantoni, Srour’s attorney, said in a statement to Gothamist on Tuesday.
The ruling also notes that city regulations had been updated with new provisions since the lawsuit was filed and Cronan has yet to rule on them.
"The constitutional infirmities identified herein lie not in the City’s decision to impose requirements for the possession of handguns, rifles, and shotguns," Cronan writes in the ruling. "Rather, the provisions fail to pass constitutional muster because of the magnitude of discretion afforded to City officials in denying an individual their constitutional right to keep and bear firearms, and because of Defendants’ failure to show that such unabridged discretion has any grounding in our Nation’s historical tradition of firearm regulation."
The ruling goes into effect at midnight Thursday, giving the city time to appeal.
"Firearm licensing regulations crafted by the state and the city are lawful, consistent with the Court’s decision in Bruen, and necessary to keep the public safe," City Hall spokesman Jonah Allon said in a statement. "We are reviewing the decision.”
Contributed reporting by Catalina Gonella and Samantha Max.
This story has been updated with comment from City Hall and attorney Amy L. Bellantoni.
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new york city
public safety
Phil Corso
Phil Corso is the evening news editor at WNYC/Gothamist. Got a tip? Email [email protected].
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