Federal Judge Blocks Latest New York Gun-Carry Restrictions

New York’s attempt to restrict gun carry after its previous law was struck down by the Supreme Court has failed.

Federal district judge Glenn Suddaby issued a temporary restraining order against the state’s enforcement of most provisions in the Concealed Carry Improvement Act (CCIA). He found all of the novel policies restricting gun carry by those with valid permits were unconstitutional under the standard set in New York State Pistol and Rifle Association v. Bruen, though he also upheld some more common regulations.

“Simply stated, instead of moving toward becoming a shall-issue jurisdiction, New York State has further entrenched itself as a shall-not-issue jurisdiction,” Suddaby wrote. “And, by doing so, it has further reduced a first-class constitutional right to bear arms in public for self-defense (which, during the 19th and 18th centuries in America, generally came with an assumption that law-abiding responsible citizens were not a danger to themselves or others unless there was specific ground for a contrary finding) into a mere request (which is burdened with a presumption of dangerousness and the need to show ‘good moral character’).”

The ruling represents a further victory for gun-rights advocates who have challenged severe restrictions on gun carry and a further setback for states that have sought to severely limit who can carry a gun and where they can carry it. Judge Suddaby’s decision is also one of the first to apply the Bruen standard to a gun-carry law passed in response to the ruling. It could serve as a guide for other federal courts across the country dealing with challenges to similar laws.

Suddaby ruled the state could not enforce its “good moral character” clause unless there is a preponderance of evidence the applicant is a threat to others with the exception of self-defense. He blocked the requirement that applicants turn over their social media history and information on others who live with them. He also blocked the CCIA’s requirement that applicants meet with permitting officials for an in-person interview,