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New gun laws deemed unconstitutional in New York: What’s next after judge’s decision?

During the late-summer months New York attempted to restrict who could carry a handgun in public. The state also sought to limit where firearms could be brought.

On Thursday, a federal judge picked apart the laws, ruling that several provisions within it are unconstitutional.

The ruling by U.S. District Judge Glenn Suddaby takes effect immediately. Old versions of the same laws were struck down in June.

DiSanto Propane (Billboard)

The judge said the state can’t ban people from carrying guns in New York City’s subway system or Times Square, for example. However, it can prevent guns from being carried on school grounds.

He also said that the state’s new licensing rules went too far. Applicants needing ‘good moral character’ and requiring the turnover of social media accounts were both parts that violated the constitution.

Suddaby said the bottom line was that the new laws prevented people from carrying a handgun for self-defense, unless the applicant could persuade licensing officials that they wouldn’t use it to hurt anyone else.


“Simply stated, instead of moving toward becoming a shall-issue jurisdiction, New York State has further entrenched itself as a shall-not-issue jurisdiction. And, by doing so, it has further reduced a first-class constitutional right to bear arms in public for self defense … into a mere request,” he wrote.

Attorney General Letitia James shared her frustration with only parts of the law remaining in tact.

“Today’s decision comes in the wake of mass shootings and rampant gun violence hurting communities here in New York and across the country. While the decision preserves portions of the law, we believe the entire law must be preserved as enacted,” James said.

The state has three days to file a temporary appeal.



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