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Tags: new york gun law | court of appeals

New York State Presses Court to Keep Embattled Gun Law in Place During Appeal

By    |   Monday, 10 October 2022 02:54 PM EDT

New York state officials Monday asked a federal appeals court to keep intact a new state gun law while they appeal a judge's finding that its key provisions violate the Second Amendment.

The filing by New York Attorney General Letitia James was expected after U.S. District Judge Glenn Suddaby struck down key elements of the state's hurried attempt to rewrite its handgun laws after the old ones were struck down by the Supreme Court in June.

Suddaby on Thursday temporarily blocked key parts of a New York law that put in place new gun permitting requirements — and sought to ban firearms from certain sensitive locations, like Times Square.

"Today my 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," James announced in a statement.

"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."

The Hill reported that James argued to the Court of Appeals for the 2nd Circuit that "the serious risk of irreparable harm to public safety and the possibility of regulatory chaos necessitates an immediate appeal."

"As the data confirm, more guns carried in more places by more people result in more crime, violence, and homicide," she stated.

In his 53-page ruling, Suddaby said some of the Concealed Carry Improvement Act's heightened licensing requirements and location-specific bans — including a ban of guns in Times Square, public transportation and stadiums — went too far.

But he delayed his decision from taking effect to give New York officials a chance to request emergency relief from the 2nd Circuit.

The fight erupted after Gun Owners of America brought a legal challenge against the New York gun law — which came about after a landmark Supreme Court decision that the Second Amendment broadly protecting the right to carry a firearm in public for self-defense, The Hill noted.

At the same time, the 6-3 Supreme Court ruling said guns could be restricted in certain "sensitive locations," leaving the term mostly undefined.

In response, New York passed a law in July criminalizing the concealed carry of guns in airports, houses of worship, Times Square and other sensitive places, as well as imposing new licensing requirements, prompting the legal challenge.

In his ruling last week, Suddaby said New York officials had justified only some of those new limits on constitutional grounds, while failing to adequately defend others.

He let stand provisions restricting guns from property that is owned or temporarily restricted by the government; polling places; houses of worship, with some exceptions; schools; and public assemblies.

Fran Beyer

Fran Beyer is a writer with Newsmax and covers national politics.

© 2024 Newsmax. All rights reserved.


Newsfront
New York state officials Monday asked a federal appeals court to keep intact a new state gun law while they appeal a judge's finding that its key provisions violate the Second Amendment.
new york gun law, court of appeals
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2022-54-10
Monday, 10 October 2022 02:54 PM
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