The U.S. Supreme Court on Wednesday allowed New York to enforce a Democratic-backed gun control law adopted after the justices last year struck down the state’s strict firearms licensing regime in a landmark ruling that expanded gun rights.
The justices rejected a request by six members of the firearms rights group Gun Owners of America to throw out a lower court’s decision allowing the law to be enforced. U.S. District Judge Glenn Suddaby in October blocked enforcement of much of the law but the Manhattan-based 2nd U.S. Circuit Court of Appeals in December put that decision on hold while the state pursues an appeal.
Democratic Governor Kathy Hochul signed into law the Concealed Carry Improvement Act on July 1, just a week after the Supreme Court struck down New York’s longstanding limits on carrying concealed handguns outside the home.
The new law expanded who could seek a license to carry a handgun gun outside the home but required applicants to establish that they possess “good moral character,” undergo additional training and submit information concerning their social media accounts and people with whom they live. It also established a long list of “sensitive locations” including churches, medical offices, public parks and theaters where carrying a gun would be a felony even for license holders.
The Supreme Court’s decision last year marked the first time it recognized that “the right of the people to keep and bear arms” under the U.S. Constitution’s Second Amendment protects a person’s right to carry a handgun in public for self-defense.
The ruling also required courts going forward to evaluate if gun restrictions were “consistent with the nation’s historical tradition of firearm regulation,” making it harder to regulate guns in a country where mass shootings are commonplace.
The plaintiffs challenged the law as a violation of the Second Amendment. Suddaby, a judicial appointee of Republican former President George W. Bush, blocked enforcement of much of it, citing “unprecedented constitutional violations.”
The judge decided that New York could not compel people applying for a gun license to disclose the handles of their social media accounts or the names and contact details of everyone with whom they live, nor would applicants have to prove their “good moral character.”
Suddaby also decided that the state could not ban guns in theaters, bars and restaurants, parks, airports and other public places, though bans could remain in place in schools, courthouses and polling stations. Suddaby blocked enforcement of a provision making it a felony to carry firearms on private property without the property owner’s express consent.
At the request of Democratic state Attorney General Letitia James, the 2nd Circuit issued a stay freezing Suddaby’s order while New York pursued an appeal. The plaintiffs urged the Supreme Court to vacate the 2nd Circuit order, saying it had “the effect of indefinitely suspending the protections afforded New Yorkers by the Second Amendment.”
