In this image taken from video, New York Gov. Kathy Hochul shows an extended rifle magazine during a news conference, Wednesday, May 18, 2022, in New York. New York would require state police to seek court orders to keep guns away from people who might pose a threat to themselves or others under a package of executive orders and gun control bills touted Wednesday by Hochul in the aftermath of a racist attack on a Buffalo supermarket. (Office of the Governor of New York via AP)
Previous Post
Next Post

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.

From Syracuse.com:

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.

There’s a lot more info in the Syracuse.com article, too, and the judge’s full order can be read HERE. Good on Suddaby for upholding the constitution and not caving to pressure from the governor.

 

Previous Post
Next Post

87 COMMENTS

  1. The state will appeal and likely get its way. The strategy by the political operative leftist courts is to make the supreme court rule on each restriction, with a hearing rate of a few infringements every few decades. No big deal for the Left.

    • I wouldn’t bet on it. Not after the Supreme Court so recently slapped down NYS in Bruen and Massachusetts for its restrictions. I think it exceedingly obvious that the new NY statute was written well before the Bruen decision was published, and further that it is far more restrictive than the law that was struck down. The Second Circuit has to know that the Supreme Court will be paying close attention.

    • No I don’t think that strategy is going to work now. Justice Thomas has made it very clear that the majority will not tolerate the kind of nonsense in the NY bill. I notice that NJ has hesitated in passing any of Murphy’s latest round of anti-Second Amendment bills. I think it’s obvious that the days of these kind of legislative sleight of hand nonsense is dead.

      • ” I think it’s obvious that the days of these kind of legislative sleight of hand nonsense is dead.”

        The moment the Supreme Court balance changes to their side, every hard-fought gain we made, is in jeopardy.

        It’s our job to get as many of them to be gun rights supporters as possible…

        • “The moment the Supreme Court balance changes to their side,…”

          Justice Thomas is the RBG of the “conservatives”. He will likely be the only justice to be replaced in the near future. Winning Senate and Presidency in 2024 is crucial. We are on the knife’s edge regarding the “balance” of the SC.

        • We need to follow the dems advice. When Trump wins in 24 we need to pack those 4 extra justices on the court.

        • @jwm: Trump is DONE! Running him as the GOP candidate would ensure a dem victory. Far better to put our backing behind a DeSantis/Abbot ticket or DeSantis/Noem ticket than Trump again.

      • The Cloward-Piven strategy can be employed all along the line. Winning isn’t the goal, so much as wearing the opponent down until it collapses.

        We are likely engaged in our own “Hundred Years War”.

  2. Not only ugly, but dumb as a box o rocks. Glad I’m not Mr Kathy Hocul. I bet she’s scary in the morning! He sure can’t have a pistol, if didn’t shoot her, shoot him self!

    • You must be joking man
      I think shes smoking hot sexy
      The kind of woman I’d like to get between with a big ole hard on like a bo dark fence post grab a hold of my ears and show me how she can hold her liquor yum yum going to make her ,,,*
      Dino Mo Hum

      • Yeah, there are some odd provisions that Suddaby left in place, including some restrictions related to places of worship, character references, etc. Although this is certainly a win, I was disappointed that the CCIA wasn’t dumped overboard whole cloth. There are so many lawsuits happening in NY right now, though, that some of those provisions may wind up overturned in other cases.

        Next up: the SAFE act. What a load of crap that law is.

    • This reminded me of the original “No guns within 1,000 yards of a school” that effectively made you a criminal almost anywhere in a city if you tried to drive somewhere and had to pass a schoolyard.

      First thing I thought when I heard about New York’s gambit was how in the HELL would anyone believe it was NOT unconstitutional infringement to say you can carry a pistol with a license that we still require you to pass subjective tests to get (may issue, if we feel like it), but you can’t carry it even then in MOST public spaces and never in a private space unless the owner says (loudly) that it’s okay?

      • The 1000 yard limit ran into trouble with interstate commerce because in many cases there are highways and streets in that area.

  3. OK, so what is left? We Californians would like to know, since a similar law has been teed up for the coming session. I particularly like the part about public carry and the reversal of the explicit permission as opposed to owner prohibition (which makes more sense anyway). What about carry on public transit, and area in NYC that is rife with crime? On good moral character, the Cal.AG is telling sheriffs to enforce such a provision under the current statute, but such a provision was strikingly absent from the most recent version of the proposed bill. I want to see a provision requiring letters of recommendation from two friends and one’s spou9se eliminated as well, since they relate to the good moral character provision and nothing else.

    • It appears he struck down the public transportation prohibition. Perhaps California will use some common sense for once and hold off passing anything (a la NJ ) until the dust settles. I’m not necessarily sure the Second Circuit wants to thumb its nose at SCOTUS.

  4. ‘Good moral character’? WTF does that even mean? And who decides? I don’t attend any church. Does that mean I fail this test?

    I’m an American citizen. That is the only question I should have to answer.

    • Legal permanent resident aliens with green cards are also entitled to 2A rights. Citizenship is not required.

      • I actually knew that and just brain farted it. Helped a Sudanese and an Afghan get their legally purchased firearms here in the US.

        Because I’m a big ol’ rayciss.

        • No brainfart, since your comment wasn’t wrong. Being a citizen should be the only question you need to answer, unless you’re not. Not being a citizen just provokes a second question about permanent residency.

          So, you were correct — your citizenship is in fact the only question you should have to answer.

          Can you tell that I was a defense counsel?

    • “‘Good moral character’? WTF does that even mean?”

      To a Leftist Scum ™, if you vote like they do, you have “Good moral character”.

      If you don’t, no way in Hell should you ever be allowed to own, much less carry, a gun… 🙁

    • ‘Good moral character’? WTF does that even mean?

      Given recent goings-on it means that you have failed to support “the thing” vocally and publicly. Whether or not you knew of “the thing” is immaterial. Lack of capacity to properly virtue signal is proof that you’re a bad person. Good people have that capacity, and they use it.

      Ponyat, Kamrad?

        • So, am I to assume that you’re not going to get a Twitter account and put a Ukrainian flag in your bio?

          (LOL!)

      • From what I was hearing from Suffolk county permit drama pre TRO they were requiring a drug test, all of your social media regardless of how old and username+password. I would like to believe they were being ridiculous to trigger court challenges but they were always weird despite not falling under NYC regs.

        • My Social Media is set up specifically to fuck with such people.

          It’s all dog videos, fails, unnecessarily complicated jiu jitsu transitions and the bottom 5% of OnlyFans “stars”.

          Well, that, and the long list of important people/companies that have blocked me on Twitter for trolling them like Michael Malice’s digital doppelganger.

    • “Good moral character”

      According to the judge, it means nothing. NY is not allowed to make this a factor in issuing a permit because it is subjective. He strongly criticized this provision because it assumes all permit applicants have bad moral character and demands that they prove otherwise. He suggested new language where applicants are assumed to have good moral character unless objective data (criminal records, etc.) show they don’t.

  5. Let us know when The Gov starts screaming and tearing out her hair at hos the District Court has imperiled the lives of NY residents one and all.

  6. So what happens next?
    The article did not state if N.Y. Could appeal to the next higher court and how that appeal might fare.
    If it does appeal, will it go next to the Supreme Court?

    • The judge stayed his order for 3 days to see if the state appeals. If it does, and I have little doubt it will, the law will likely remain in force until the circuit gets a chance to look at it.

      If the state does not appeal within those three days, the judge’s order stopping enforcement of those provisions goes into effect. The state can still appeal it, but it will have to do so without being able to trample people’s right in the meantime… in that specific new way.

      • Still no grocery bags allowed, however. Subjects of NY can’t be trusted with grocery bags. Nor can they be trusted with their own money, which is why the state inflicts a brutally punishing maze of taxes and regulations on its peasantry.

      • “The judge stayed his order for 3 days to see if the state appeals.”

        The state will appeal, and 2d Circus will reverse, or draw a map of how the state can successfully appeal. Then the SC dance for cert. If cert, the conga line begins, again.

        • Pretty much the worst case but still likely possibility to plan for. They are going to be busy with the other half dozen cases coming up over the next 2 months. Then whatever Connecticut has brewing for the 2nd circuit. At the least the mask is off for Hochul re public safety not being about control especially with all the new predominantly female/minority gun owners.

  7. I can imagine Hochul the floor of her office screaming and kicking and cursing God because of this.

    • If her office is on the 4th floor or higher, she’s welcome to hurl herself from the window and *splat* dead on the concrete below.

      Just trying to be helpful, as always… 🙂

    • I would be surprised if she believes in God. Possibly in some kind of post-modernist enviro-spiritual version of Moloch and/or Baal.

  8. I trust the Second Circuit about as far as I can throw it. How far can I throw it? Not far enough.

  9. It’s all good, but a real poke in the eye would be for New Yawkers to send Hochul and her elected support packing by voting in Zeldin and the raft of non-democrat candidates and office holders. Time to start American life over again in these communist-controlled states

    Changes to current doctrine via legislation are more rapid, and valid than wins in the courts.

    Vote! And toss out these would-be ruling class tyrants.

    • That would be great, but electing Republicans – much less actual conservatives – in NYS is a steep hill to climb. Update is red(ish) but not red enough to overcome the downstate, NYC vote in statewide elections. Democrats usually win state-wide offices something like 70-30. It’s frankly shocking that Zeldin is as close as he is.

      (If I were a leftist politician in a less blue part of the country than NY, that quiet little indicator would be making me very nervous about November…)

      • “It’s frankly shocking that Zeldin is as close as he is.”

        In light of the out of control crime, inflation, woke public ed and run away inflation??

        I believe the progressives are making believes out of the general public regardless of race and economic status. Change has to start somewhere and when you can’t hide behind the media and your own politics, that’s a very good place to start. And it would not need to be totally “red” conservatives in replacement- just a start back in the right/free direction. Asking for all at once is a pipe dream.

  10. This interesting video just dropped :

    “CBS News : FBI believes it has evidence to charge Hunter Biden with tax, gun-related crimes”

    • According to the video above, lying on a 4473 about drug addiction is the gun charge being considered…

        • No one f–ks with a Biden? What about all Hunter’s hookers? Maybe his relationships with them was strictly platonic.

        • Ha! Funny. Sad times indeed when such an utterly incompetent, wholly owned, bootlicking, bumbling assclown is, nominally at least, the Leader of the Free World. 85,000,000 my ass. At least our idiot manchild, Son of Fidel, can board a plane and ride a bike. Still sits with his legs crossed at the knees like the whiny little bitch he truly is though. I heard the pandering pr!ck bungee jumped the other day; talk about lost opportunities…

      • We have an *update* to the video above with a few interesting details, like how Hunter was offered a sweet plea bargain, but Hunter told them to shove it where the sun doesn’t shine, thinking that a presidential pardon from his dad is in the cards…

        • fbi, the weaponized doj, running damage control for the big guy. suppressed the laptop oct 2020, now it’ll be look, we’re being transparent.

    • That’s actually a… you won’t believe this…

      Washington Post exclusive.

      The agents working in Delaware leaked to them to say they are about ready to prosecute the sitting presidents son.

      Pretty crazy

      • More like a Washington Post not-so-exclusive.

        It also could be a cover-your-ass move if they decide to charge ex-president Trump.

        “See? We’re not hypocritical, we prosecuted the other guy for a felony, too!”…

        • “See? We’re not hypocritical, we prosecuted the other guy for a felony, too!”…

          Zackly. The outcome of a criminal charge is irrelevant. The intent is as you say. Hunter will likely be acquitted (a trial in DC, run by Dems, overrun by Dems?).

  11. Yeah but I heard Biden say on a hot mic, “nobody f—ks with a Biden”
    I think that was in Florida.

    • “Yeah but I heard Biden say on a hot mic, “nobody f—ks with a Biden””

      Arrogance has cut down many confident men…

  12. Laws went into effect Sept 1 not October 1 . There’s a ton of carriers in NYS, 70,000 in my county alone , this is good news , although few were obeying them , same as safe act .

  13. “It is the end of the beginning.”

    Not so sure. Bruen was the beginning of the wide war. Now, it cannot be ignored….all the efforts to get around Bruen were lying in wait, but so many thought a Bruen-like decision would put an instant end to all infringements. Bruen was the overhead light, now we can see just how infested with roaches the room is. And the infestation is much greater than many might have imagined.

    The only SC ruling that has a hope if instantly ending gun control laws is for the SC to declare that 2A is as absolute as the words say it is.

  14. “…but what is an extended rifle
    magazine?”

    Depends on the context of the sentence.

    In one instance, “extended rifle magazine” is a device containing ammunition for a rifle with a barrel, or stock, made longer than the original design.

    In the other instance, it is a rifle magazine extended (handed/given) to another person.

  15. @Clark
    “Trump is DONE! Running him as the GOP candidate would ensure a dem victory. ”

    We have seen the outcome of a Trump victory; the rest of the party leaves him swinging in the wind. Trump will be a mandatory one term president. It is the sobering prospect of a president winning a second term that causes the opposition to even slightly cooperate.

  16. Mark Smith at Four Boxes Diner did a pretty good explanation of this ruling > BIGGEST 2A WIN YET: New York’s Insane Gun Carry Laws Almost Entirely DEFEATED! > https://www.youtube.com/watch?v=_4dkxxIdBwE

    In his examination he points out areas where he thinks the judge may have erred a little bit but those can be cleaned up later.

    Although Bruen should have cleared up a lot of this or kept it from happening, its pretty clear, there will still be those cases that will need to be fought to get the point across. For example, Bruen was pretty clear as to ‘sensitive places’ not being, for example, a substantial part of a whole state or areas of common public presence but New York basically made a substantial part of a whole state and areas of common public presence ‘sensitive places’ (another term, in context, meaning gun free zones).

  17. Mass Stabbing On Las Vegas Strip Leaves 2 Dead, 6 Injured > https://concealednation.org/2022/10/mass-stabbing-on-las-vegas-strip-leaves-2-dead-6-injured/

    Just to note, as I have before, daily across the United States there are ~1,300 victims of criminal knife attacks. That’s ~ 474,500 knife attack victims annually. Ya never hear about it in the media unless its something ‘sensational’ for some reason (e.g. this Las Vegas Strip incident, some sort of racial thing, etc…). The term ‘attack’ does not mean a person was always injured or killed, it means the criminal person used a knife to physically threaten or injure or kill.

    The majority of these criminal knife attacks are charged as aggravated assault and lumped into stats with the other ~800,000 criminal aggravated assault victims annually. Aggravated assault has become the fasted growing area of violent crime. Annually, about 90% of criminal violent aggravated assaults are conducted with a ‘weapon’ other than a firearm.

Comments are closed.