On Thursday, a federal judge in Syracuse struck down key parts of New York’s Concealed Carry Enhancement Act, the law lawmakers drafted this summer to curb the U.S. Supreme Court’s expansion of gun rights , including a provision banning guns in Times Square.
The new legislation was designed to provide licensing officials with additional information about concealed carry applicants, now that they can presumably obtain a permit to carry a concealed firearm in public.
The law was also intended to restrict how and where license holders can carry their guns in public, in anticipation of a new wave of applications following the Supreme Court’s decision in Rifle and Pistol Association of the State of New York v. Bruen.
Crucially, the entire law will remain in place until early next week, to give New York officials time to seek an emergency appeal to the Second Circuit.
New York Attorney General Letitia James said Thursday that the state would appeal the decision.
“While the decision preserves parts of the law, we believe the entire law should be preserved as enacted,” he 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 criticized the decision, calling it a limit on her “ability to keep New Yorkers safe and prevent more senseless gun violence.”
WHAT THE LAW SAID:New York law banned guns in Times Square and other “sensitive” places.
What parts of the law were repealed?
Among the most prominent changes to the law were Judge Glenn Suddaby’s modifications to the list of so-called sensitive sites. Under the new law, lawmakers banned the concealed carry of firearms in certain populated areas, known as sensitive locations.
But under Suddaby’s decision, state law would no longer prohibit carrying guns in the following places:
- Times Square
- The subway and other public transport systems
- Bars, restaurants and theaters
- libraries
- Public parks and zoos
- Shelters for the homeless, young people and victims of domestic violence
Peter Tilem, a Westchester-based Second Amendment attorney, said Thursday’s ruling represents a “brave new world where basically every gun control law is challenged and will be reexamined.”
“This is a new type of analysis, not one that lawyers or judges are used to. It is more of a historical analysis than a legal analysis,” he remarked. “I think we’re going to see gun laws drop like flies.”
Other aspects of New York’s gun law that were struck down include requirements that concealed carry applicants provide the names of family members and a list of their social media accounts.
What parts of New York’s gun laws are still in effect?
Suddaby upheld certain challenged parts of the new law, finding that they were supported by a historical tradition of firearms regulation, which is the new test developed by the Supreme Court to evaluate gun restrictions.
It left the “good moral character” requirement for gun license applicants largely intact, and let stand the new requirement that applicants undergo 18 hours of firearms training.
