NEW YORK (WABC) – A federal judge has temporarily blocked key parts of the state’s new concealed-carry gun law to give a rights group a chance to pursue a lawsuit challenging the law.
Six residents who are members of Gun Owners of America sued the state over its new law, which took effect on September 1.
Presiding Judge Glenn Soddaby of U.S. District Court in Syracuse agreed to issue a temporary restraining order, but delayed it from taking effect for three days so the state could appeal to a higher court. He set the hearing for October 20.
Suddaby specifically blocked the part of the law that described new background checks for gun permits, including the disclosure of all applicant social media accounts.
He also blocked a ban on guns in some public and private facilities.
Rejecting the provision that the applicant must have evidence that he is of “good moral character,” the judge said the licensing agency must prove that the applicant is not of good moral character, not the other way around.
He said the state cannot require applicants to meet in person with a license officer, disclose the names and contact information of all adults living in their home, or provide a list of all current and former social media accounts for the past three years.
He said that while weapons may remain prohibited in any place of worship or religious observance, security personnel should be allowed to carry firearms.
Suddaby had previously ruled that much of the new law was unconstitutional, but said he could not take action but that the filing was flawed. American gun owners, led by lead plaintiff Ivan Antonyuk of Schenectady, tried again.
New York Attorney General Letitia James released the following statement confirming that the state will appeal:
“Today’s decision comes in the wake of mass shootings and rampant gun violence that has harmed communities here in New York and across the country. Although the decision preserves some parts of the law, we believe that the entire law should be preserved as it was passed. We will appeal this decision. Common sense gun control regulations help save lives. I will not back down from my fight to protect New Yorkers from the repeated and unwarranted attacks on our state’s gun safety measures. I will continue to defend our responsible gun laws and fight to keep ordinary New Yorkers safe.”
New York City Mayor Eric Adams also reacted to the ruling:
“Once again, the courts have opened another river that leads to a sea of gun violence that makes it harder for us to protect New Yorkers. While the city is not a party to this case, we stand ready to support the state in any way we can as it continues its appeal.”
Gov. Kathy Hachul released a statement calling the ruling “deeply disappointing.”
“Following the Supreme Court’s reckless decision that overturned decades of established law amid a nationwide gun violence crisis, the state legislature and I acted decisively to keep New Yorkers safe. The Concealed Carry Improvements Act was carefully crafted to enact common sense restrictions on concealed carry permits. While this ruling leaves some aspects of the law in place, it is unfortunate that the judge wants to limit my ability to keep New Yorkers safe and prevent senseless gun violence. We are working with the Attorney General’s Office to carefully review the decision and discuss next steps in the appeal. I will continue to do everything in my power to fight the epidemic of gun violence and protect New Yorkers.”
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