Earlier today, U.S. District Judge Glenn Suddaby ruled that multiple provisions in New York State’s 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 of the aspects of the new NY laws that were passed in response to the SCOTUS’ Bruen decision, you won’t 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 banning guns everywhere that didn’t specifically provide permission to the carrier and from nearly every conceivable public place.
Suddaby took issue with the state’s 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 “good moral character,” an attempt by the state to block guns from people with bad intent. Suddaby reversed the burden of proof, ruling that it’s 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 law’s broad bans on guns 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 any public or private educational facilities.
The wording in his decision clarifies that while guns will remain banned from any place of worship or religious observations, individuals who are tasked with security are permitted to carry firearms.
New York’s law also required gun owners to have explicit permission to carry guns on private property. Suddaby has previously revealed he disagreed with the constitutionality of this presumptive ban.
“The State of New York is now making a decision for private property owners that they are perfectly able to make for themselves,” Suddaby wrote in his decision.
That provision was all but completely rejected by his decision. Suddaby ruled guns should be presumed to be permitted in public spaces unless an explicit ban is issued by that private property owner. The owner of a house or business can ban guns.