SYRACUSE, NEW YORK — U.S. District Judge Glenn Suddaby ruled on Thursday that many parts of the new gun laws that went into effect on October 1st cannot be enforced, as they are unconstitutional.
A temporary restraining order is in effect until later this month.
Among the portions of the bill that Suddaby blocked are:
- New requirements for background checks for permits
- Disclosure of social media accounts
- Bans on firearms in some public and private properties
- Need to demonstrate “good moral character”
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 limited what the new law can do when it comes to banning firearms in public and private property.
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.
For places of worship, Suddaby clarified that firearms will remain banned from places of worship or religious observations, except for those who are tasked with armed security for those locations.
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.
New York Attorney General Letitia James released a statement to make it known that the state plans to appeal the decision.
“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. We will appeal this decision. Common-sense gun control regulations help save lives. I will not back down from the fight to protect New Yorkers from repeated and baseless attacks on our state’s gun safety measures. I will continue to defend our responsible gun laws and fight for the safety of everyday New Yorkers.”
The full order can be read here, or viewed below.
