07/10/2022
A federal judge in Syracuse has taken the first steps to invalidate key parts of the recently-passed Concealed Carry Improvement Act.
The law, which was shepherded through the New York state legislature by Democrats after the U.S. Supreme Court invalidated a century-old law restricting concealed carry permits to only those who could demonstrate a need for them, made wide-ranging changes to gun laws in the state.
Safety courses were mandated to be longer and costlier, application fees shot up in counties across the state, and thousands of locations across the state suddenly became gun-free zones. Businesses that permit concealed carry are required to indicate so with a posted sign, expressly allowing concealed carry weapons on site, and thousands of other locations, such as parks, tourist hotspots and memorials, became totally gun-free zones by law.
In a suit leveled against the state naming Gov. Kathleen C. Hochul, officials in Oswego, Albany and Greene counties, the city of Syracuse, the state police and Attorney General, six defendants from across the three counties named argued that their First, Second, Fifth and Fourteenth Amendment rights were being infringed upon by the strict new standards for concealed gun ownership..
In a decision issued Thursday, Federal Judge Glenn T. Suddaby of the Northern District of New York, based in Syracuse, issued a temporary restraining order, preventing the enforcement of certain aspects of the law.
Judge Suddaby said New York “further reduced a first-class constitutional right to bear arms in public for self-defense,” to the point it was “a request.” He argued that several provisions of the law, including those restricting the carrying of guns in “sensitive places” across New York, most notably Times Square, do not satisfy the U.S. Supreme Court’s judgment that any further gun regulations should come with a historically analogous justification.
The restraining order, which bars New York officials from banning gun possession in the “sensitive places,” it defined in the CCIA, like Times Square, parks, public transportation, summer camps, sporting events and bars, will go into effect in three business days, unless state officials successfully argue for emergency relief from a federal appeals court before then.
It also suspends the requirement that those applying for concealed carry permits turn over information on their last three years of social media posts, and suspends the requirement that landowners must post signs welcoming gun ownership if they wish to allow patrons or guests to carry concealed weapons on site.
The rules that bar gun possession in schools, governmental buildings and houses of worship will stay in place, rules which have stood since well before the CCIA was enacted. There is an exception made for houses of worship, where those tasked with protecting the congregants and especially those who own the facility may carry weapons on site.
The decision does not touch the permitting requirements, but doesn’t rule out that they could be considered unconstitutional as well in the future.
Following the news of the decision, area legislators who opposed the CCIA said they were happy to hear of the judge’s decision and took the opportunity to continue to urge for changes in bail reform and other policies.
State Sen. Rob Ortt, R-North Tonawanda the senate Republican leader, called the judge’s decision “a victory for the constitutional rights of all New Yorkers.”
“Albany’s political ruling class has repeatedly parroted a false narrative that law-abiding firearm owners are the root of increasing crime in our communities. Nothing could be further from the truth,” said Ortt, who blamed bail reform and “other criminal-coddling policies” with making New York less safe.
“Instead of appealing today’s decision, and continuing their unconstitutional political assault on New Yorkers’ freedoms, the governor and her legislative allies should close the revolving door of violent, repeat offenders they opened with their pro-criminal agenda,” Ortt said in a statement.
Assemblyman Steve Hawley, R-Batavia, said Hochul “needs to open her eyes to the clear wrongdoings of her policies in Albany.”
“Since the emergency session, I, along with many of my constituents have been fighting to eradicate this unreasonable new law,” Hawley said in a statement.
Hawley said he was “extremely grateful to those, such as Judge Suddaby, who understand how unconstitutional this law truly is and are working to protect our Second Amendment rights.”
State Sen. George Borrello, R-Sunset Bay, whose district includes parts of Livingston County, called the law “nothing but bad election season theatrics.”
“This unconstitutional virtue-signaling law, along with the package passed in June, were shameless attempts to distract attention away from the real, Democrat-created public safety crisis plaguing our state.”
Hochul, in a statement responding to the judge’s ruling, said “it is deeply disappointing that the judge wants to limit my ability to keep New Yorkers safe and to prevent more senseless gun violence.”
Hochul said her office is working with the Attorney General’s office to review the decision and discuss an appeal.
“I will continue to do everything in my power to combat the gun violence epidemic and protect New Yorkers,” Hochul said.
Breaking the rules laid down in the CCIA is grounds for a felony charge in many cases, and until the temporary restraining order is put into effect Monday, even breaking the parts ruled unconstitutional by Judge Suddaby are likely grounds for arrest and prosecution.
The legal processes to permanently overturn the CCIA or parts of it, should the court express an intent to do so, will likely take years.
This temporary restraining order comes as multiple groups – including one from New Yorkers for Constitutional Freedoms and a coalition of 25 churches – sue the state of New York and the various entities enforcing the CCIA, on a whole host of merits.
The New Yorkers for Constitutional Freedoms lawsuit includes pastors from three local churches: Tim Lindsay of Harvest Christian Fellowship on East Avenue in Albion; Murray Mumau, an elder, from Genesee Country Church on Drake Street Road in Oakfield; and Tony LaBarca of Crossroads Church on Rochester Street in Lima.
Attorney David Sieling of Brenna Boyce, who represents New Yorkers for Constitutional Freedoms in its lawsuit, called Judge Suddaby’s ruling “a victory for every house of worship in New York,” but that it was “only a first step.”
Rev. Jason J. McGuire, executive director of New Yorkers for Constitutional Freedoms and a plaintiff in the church lawsuit, called the order “a solid first step in the right direction.”
“In time, we expect to see even greater relief from the courts,” said McGuire, a Lima resident. “For now, we are thankful that a court has recognized that church leaders must be free to provide for the safety of their flocks.”
Further rulings are likely to further change what parts of the law are in effect, as decisions are made and appeals are filed.
