Judge’s decision card strategy for concealed gun holsters in New York
A federal judge has written what could become a plan to challenge New York’s concealed carry law.
New York and other states, including California, rushed to pass legislation after the US Supreme Court overturned a century-old law that limit who could carry a handgun in public.
New York has banned concealed weapons in most public places. Private business owners may choose to allow concealed weapons in their establishments under the law and must post signs stating this.
Although U.S. District Judge Glenn T. Suddaby refused a request last week to prevent the entry into force of the law, its 78 pages decision describes at length why the law could be declared unconstitutional.
Among his reasons:
- The new law omitted the phrase “other than in self-defense”, which could create a Second Amendment problem;
- The list of “sensitive places” drawn up by the State is long and the fact of automatically declaring a private property a restricted place usurps the rights of private property;
- The law’s requirements for social media and character references give licensing officers too much discretion and risk being punished for political speech in violation of the First Amendment;
- Fifth Amendment concerns stem from the fact that an applicant must incriminate themselves by providing all of the information required for the permit.
Lawyers involved in other cases are sure to notice Suddaby’s assertion that plaintiffs had a “high probability of success” on many of their claims, noted Margaret Finerty, co-chair of the shootings task force. Mass of the New York State Bar Association.
“I think they’ll learn from the judge’s decision,” said Finerty, a partner at Getnick and Getnick LLP and a member of the American Bar Association’s standing committee on gun violence.
“The judge basically said we were right,” said William Robinson, director of communications for Gun Owners of America New York.
The state’s Republican Party said it plans to consider the judge’s decision as it prepares a lawsuit to be filed jointly with the Conservative Party.
“As the judge said, Kathy Hochul’s law is patently unconstitutional and we are confident that it will ultimately be struck down,” GOP Chairman Nick Langworthy said in an emailed statement. “We work with the best legal experts to ensure that, once filed, our case progresses successfully.”
Concealed carry permits
New York law has increased the requirements for obtaining a concealed carry permit, such as requiring a list of current and former social media accounts for the past three years, seeking four character references that can attest to the good character of the applicant and requiring 16 hours of in-person training and two hours of live-fire training.
The law followed two shootings on New York City subway trains that injured dozens of people and left one dead. A racist gunman also killed 10 black people in a mass shooting at a supermarket in Buffalo, NY on May 14.
“Responsible gun control action saves lives, and any attempt by the gun lobby to bring down New York’s sensible gun control laws will be met with a fierce defense of the law,” said State Attorney General Letitia James (D). “We will continue to defend the constitutionality of our laws to protect all New Yorkers.”
Gun Owners of America, its New York branch, and Ivan Antonyuk, a member of the Gun Owners Group, filed a lawsuit on July 11, alleging that the new concealed carry law is unconstitutional. He took issue with several aspects of the legislation, including the long list of sensitive locations and “the incredulous requests by applicants for the transport license”.
The judge dismissed the case, largely because Antonyuk did not specify that he intended to carry a concealed weapon after the law took effect, only that he would like to.
Intent to carry and evidence of an imminent threat of arrest or prosecution by law enforcement would have been required to seek an injunction, Suddaby wrote.
Suddaby also took issue with part of the law which states that no license will be issued or renewed unless the person is a “good character” applicant with the necessary judgment to use the weapon only in a manner who does not put himself or himself in danger. others. The legislation didn’t include the phrase “other than in self-defense,” and without it, New York residents are left with a statue “beset with a deep Second Amendment problem,” he said. he declares.
The plaintiff would have had a “high probability of success” in challenging that omission and also could have prevailed over its overtraining claims, he said.
“We will be back in court,” Robinson said. “The US Constitution is on our side, so we’re going to win this.”
On July 11, Buffalo real estate developer Carl Paladino filed a lawsuit, claiming that the provision automatically prohibiting private businesses from concealing weapons violates the US Constitution.
A concealed carry permit applicant also complaint lodged claiming that social media, personality reference and training requirements of the law violate the right to free speech, to bear arms and to due process.
The New York State Jewish Gun Club also said it plans to file a lawsuit, challenging the ban on guns in places of worship.
It’s understandable that the state wants tougher gun laws, more training and social media scrutiny, Finerty said, noting that the Buffalo shooter posted his plans online and then broadcast the shot. attack live.
“I think the state has a lot of good points it can make to support the law,” Finerty said. “A lot of people think it’s just too broad, and it will be very interesting to see how that plays out in court.”
Everytown for Gun Safety advocates universal background checks and other gun control measures. Michael Bloomberg is the majority owner of parent company Bloomberg Government and is a member of the Everytown Advisory Board.
The cases are Anthonyuk et al. c. BrünNDNY, Case 1:22-cv-00734-GTS-CFH, Decision 8/31/22; Paladin c. New York State Police Superintendent Et al., WDNY, Case 1:22-cv-00541, Complaint 7/11/22; and Jonathan Corbett vs. Kathleen HochulSDNY, Case 1:22-cv-05867, Complaint 7/11/22.