On Thursday, a federal judge in Syracuse struck down key parts of New York’s Concealed Carry Improvement Act, the hallmark piece of legislation lawmakers drafted this summer to rein in the U.S. Supreme Court’s expansion of gun rights, including a provision banning guns from Times Square.
The new legislation was designed to provide licensing officials with additional information about concealed-carry applicants, now that they are presumptively able to obtain a permit to carry a concealed firearm in public.
The law was also aimed at restricting how and where licensees can carry their guns in public, in anticipation of a new wave of applications following the Supreme Court’s decision in New York State Rifle & Pistol Association v. Bruen.
Crucially, the entirety of the law will remain in place until early next week, to allow New York officials time to seek an emergency appeal from the Second Circuit.
New York Attorney General Letitia James said Thursday that the state would appeal the decision.
“While the decision preserves portions of the law, we believe the entire law must be preserved as enacted,” she said in a statement. “I will continue to defend our responsible gun laws and fight for the safety of everyday New Yorkers.”
Gov. Kathy Hochul blasted the decision, calling it a limit on her “ability to keep New Yorkers safe and to prevent more senseless gun violence.”
WHAT THE LAW SAID:New York law banned guns from Times Square and other ‘sensitive’ spots
What parts of the law were struck down?
Among the most prominent changes to the law were Judge Glenn Suddaby’s modifications of the list of so-called sensitive places. Under the new law, lawmakers banned the concealed-carry of firearms in certain populated areas, known as sensitive places.
But under Suddaby’s decision, the carrying of guns would no longer be prohibited by state law in the following locations:
- Times Square
- The subway and other public transportation systems
- Bars, restaurants and theaters
- Libraries
- Public parks and zoos
- Shelters for the homeless, youth and domestic violence victims
Peter Tilem, a Second Amendment attorney based in Westchester, said Thursday’s ruling represents a “brave new world where basically every gun control law is getting challenged and is going to get reexamined.”
“This is a new type of analysis, not one which lawyers or judges are used to doing. It’s more of an historical analysis than a legal analysis,” he remarked. “I think we’re going to see gun laws dropping like flies.”
Other aspects of New York’s gun law that were invalidated include requirements that concealed-carry applicants provide the names of family members and a list of their social media accounts.
What parts of NY’s gun laws still stand?
Suddaby did uphold certain contested portions of the new law, finding that they were supported by an historical tradition of firearms regulation, which is the new test developed by the Supreme Court for evaluating gun restrictions.
He left the “good moral character” requirement for gun-license applicants largely intact, and he let stand the new requirement that applicants undergo 18 hours of firearm training.