Earlier yesterday, U.S. District Judge Glenn Suddaby ruled that multiple provisions in New York Stateās new gun laws, which just went into effect last Saturday, October 1st, are unconstitutional. He issued a restraining order against these parts of the law taking effect.
If you recall any aspects of the new NY laws passed in response to the SCOTUSā Bruen decision, you wonāt be surprised by the parts Judge Suddaby struck down. They effectively made concealed carry impossible in New York, even if the carrier managed to get a permit, by banningĀ gunsĀ everywhere that didnāt specifically provide permission to the carrier and from nearly every conceivable public place.
FromĀ Syracuse.com:
Suddaby took issue with the stateās new background check requirements. Four of the six provisions struck down related to tough requirements for an application or renewal of a license for concealed carry.
He rejected the provision that an applicant must have evidence to demonstrate they have āgood moral character,ā an attempt by the state to blockĀ gunsĀ from people with bad intent. Suddaby reversed the burden of proof, ruling that itās up to the licensing agency to prove the applicant does not have good moral character.
Suddaby also ruled that the state cannot require applicants to have an in-person meeting with the licensing officer, disclose the names and contact information of all adults residing in their home or provide a list of all current and former social media accounts from the past three years.
Suddaby also reduced the new lawās broad bans onĀ gunsĀ in public and private spaces.
He ruled that presumptive gun bans can only be enforced in government administrative buildings, polling places, public areas restricted to general access for special events through permits, or public or private educational facilities.
His decision clarifies that while guns will remain banned from any place of worship or religious observations, individuals tasked with security are permitted to carry firearms.
New Yorkās law also required gunĀ owners to have explicit permission to carryĀ gunsĀ on private property. Suddaby has previously revealed he disagreed with the constitutionality of this presumptive ban.
āThe State of New York is now deciding for private property owners that they are perfectly able to make for themselves,ā Suddaby wrote in his decision.
His decision all but completely rejected that provision. Suddaby ruled guns should be presumed to be permitted in public spaces unless that private property owner issues an explicit ban. The owner of a house or business can banĀ guns.
Thereās much more info in the Syracuse article, too, and the judgeās full order can be readĀ HERE. Good on Suddaby for upholding the constitution and not caving to pressure from the governor.