By ANI
NEW YORK: A US federal judge on Thursday temporarily struck down key parts of a new law in New York that governs gun licensing.
Judge Glenn T Suddaby of the US District Court for the Northern District of New York said the state has “further reduced a first-class constitutional right to bear arms in public for self-defence” into a mere “request.”
He said that several law provisions had no historical justification, a controversial requirement put forward by the high court last spring, reported CNN.
The law was enacted in the wake of a Supreme Court decision earlier this summer striking down certain protections.
Among the provisions of the New York law that the state cannot enforce is one that defines Times Square as a “gun-free zone.” The law is aimed at placing restrictions on carrying a concealed handgun outside the home, reported CNN.
Back then, Justice Clarence Thomas, writing for a 6-3 court, said that a state had to justify regulation by demonstrating that the law is “consistent with this Nation’s historical tradition of firearm regulation.”
Regarding Times Square, Suddaby cited the Supreme Court decision and said that it “might be argued” that historical statute banning the carrying of guns in “fairs or markets” are analogous to the current law. But, he said, he had only found two such laws.
“Two statutes do not make a tradition,” he wrote.
Critics correctly predicted that the Supreme Court decision – the most comprehensive expansion of gun rights in a decade – would trigger new challenges to gun regulations across the country, reported CNN.
The temporary restraining order will become effective in three business days.
In a statement, New York Governor Kathy Hochul, a Democrat, said her office is working with the state attorney general to discuss an appeal, reported CNN.
“While this decision leaves aspects of the law in place, 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.
The plaintiffs, including at least one individual who wants to carry his firearm in church, argue the state is violating their Second and 14th Amendment rights by denying them the right to self-defence.
They have already filed for a preliminary injunction with Suddaby in order to eventually prohibit the state from enforcing its new set of laws.
The judge’s decision nods to the fact that carrying a handgun in public is generally protected by the Constitution, reported CNN.
The law, which went into effect in September, was signed by Hochul as a swift response to the Supreme Court striking down New York’s gun law that required a resident to obtain a license to carry a concealed pistol or revolver in public and demonstrate that “proper cause” existed for the permit.
The law enacts a strict permitting process for concealed-carry licenses and requires background checks for ammunition sales. It also restricts the concealed carry of firearms in locations such as government buildings.
NEW YORK: A US federal judge on Thursday temporarily struck down key parts of a new law in New York that governs gun licensing.
Judge Glenn T Suddaby of the US District Court for the Northern District of New York said the state has “further reduced a first-class constitutional right to bear arms in public for self-defence” into a mere “request.”
He said that several law provisions had no historical justification, a controversial requirement put forward by the high court last spring, reported CNN.
The law was enacted in the wake of a Supreme Court decision earlier this summer striking down certain protections.
Among the provisions of the New York law that the state cannot enforce is one that defines Times Square as a “gun-free zone.” The law is aimed at placing restrictions on carrying a concealed handgun outside the home, reported CNN.
Back then, Justice Clarence Thomas, writing for a 6-3 court, said that a state had to justify regulation by demonstrating that the law is “consistent with this Nation’s historical tradition of firearm regulation.”
Regarding Times Square, Suddaby cited the Supreme Court decision and said that it “might be argued” that historical statute banning the carrying of guns in “fairs or markets” are analogous to the current law. But, he said, he had only found two such laws.
“Two statutes do not make a tradition,” he wrote.
Critics correctly predicted that the Supreme Court decision – the most comprehensive expansion of gun rights in a decade – would trigger new challenges to gun regulations across the country, reported CNN.
The temporary restraining order will become effective in three business days.
In a statement, New York Governor Kathy Hochul, a Democrat, said her office is working with the state attorney general to discuss an appeal, reported CNN.
“While this decision leaves aspects of the law in place, 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.
The plaintiffs, including at least one individual who wants to carry his firearm in church, argue the state is violating their Second and 14th Amendment rights by denying them the right to self-defence.
They have already filed for a preliminary injunction with Suddaby in order to eventually prohibit the state from enforcing its new set of laws.
The judge’s decision nods to the fact that carrying a handgun in public is generally protected by the Constitution, reported CNN.
The law, which went into effect in September, was signed by Hochul as a swift response to the Supreme Court striking down New York’s gun law that required a resident to obtain a license to carry a concealed pistol or revolver in public and demonstrate that “proper cause” existed for the permit.
The law enacts a strict permitting process for concealed-carry licenses and requires background checks for ammunition sales. It also restricts the concealed carry of firearms in locations such as government buildings.
