ALBANY, N.Y. — New York’s strict new gun rules, including limits on where legal firearms can be carried, will remain in effect as a legal battle over the law plays out.
A federal appeals court on Wednesday temporarily paused a lower court ruling that determined key parts of the state’s concealed carry laws were unconstitutional.
That means permitted gun owners are still barred from carrying weapons in sensitive locations and “gun-free zones” such as Times Square.
Last week, a federal judge temporarily struck down parts of the state’s restrictive new law after a gun rights group filed a lawsuit challenging the legislation.
Gun Owners of America, a nonprofit grassroots lobbying organization, argues in the suit that the Concealed Carry Improvement Act, which went into effect Sept. 1, is “patently unconstitutional” and restricts the rights of law-abiding New Yorkers.
“The interim administrative stay of the district court’s temporary restraining order is an important and appropriate step and affirms that the Concealed Carry Improvement Act will remain in effect during the appeals process,” Gov. Kathy Hochul said in a statement. “My top priority will always be to keep New Yorkers safe, and we will continue working with the Office of the Attorney General to defend our gun safety laws.”
The governor called lawmakers back to Albany over the summer to enact the new law after the U.S. Supreme Court overturned a 100-year-old Empire State law limiting who can carry a concealed handgun in public.
In his ruling last week, Chief Judge Glenn Suddaby of the U.S. District Court in Syracuse blocked provisions of the law that outlined new requirements for background checks for gun permits, including the disclosure of all of an applicant’s social media accounts.
He also blocked the bans on guns in some public and private properties.
The decision Wednesday by the U.S. Court of Appeals for the Second Circuit is only temporary and will be further evaluated by a panel of three judges in the near future.
Attorney General Letitia James, who earlier this week filed a motion for a temporary pause on Suddaby’s decision, said she will continue to defend the state law.
“I am pleased that the full Concealed Carry Improvement Act will stay in effect and continue to protect communities as the appeals process moves forward,” she said in a statement Wednesday following the appeals court ruling. “My office will continue our efforts to protect the safety of everyday New Yorkers and defend our common-sense gun laws.”
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