A US federal court blocked the implementation of New York’s new gun legislation on Thursday, undercutting the state’s attempts to regulate a crucial cause in increasing killings for the second time this year.
The state legislation severely limited carrying firearms in “sensitive sites,” including bars, schools, and playgrounds.
Times Square in New York City was approved on July 1 and went into effect on September 1.
The court accepted a plea to impose a temporary stay on the law.
The Supreme Court invalidated New York’s prior gun regulations in a historic decision on June 23, finding that they unconstitutionally restricted a person’s ability to carry a handgun in public. As a result, the new legislation was approved.
Although the new rule was designed to comply with the Supreme Court’s decision, gun rights supporters claimed that it violated their constitutional rights to free speech and the ownership of guns.
Concurring, Judge Glenn Suddaby granted the gun rights activists a stay, or temporary freeze, on the new legislation while their legal challenge to it is ongoing.
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The decision is the most recent development in the battle over the state’s strict restrictions on who can carry a pistol outside the house.
After the Supreme Court decision, the state legislation was updated to incorporate requirements for “good moral character,” which included checking social media accounts, giving four character references, and completing 18 hours of weapons training.
A comprehensive list of “sensitive sites” was also established where weapons were prohibited.
The court concurred that Times Square and other sensitive places did not need additional security and that these rules were unreasonably burdensome and broad.
According to Suddaby, the new legislation still provides New York authorities an excessive amount of discretion to deny gun permit requests by requiring applicants to go to significant measures to demonstrate their moral character rather than presuming it in the absence of conflicting material.
Erich Pratt, senior vice president of Gun Owners of America, stated, “We are thankful to Judge Suddaby for his prompt action to restore the freedom of the people to keep and bear weapons.”
Governor Kathy Hochul of New York said an appeal against the stay was being considered.
She stated, “I will continue to do everything I can to address the gun violence pandemic and safeguard New Yorkers.
Most of the justices on the Supreme Court have previously said that they usually favor a constitutional right to bear guns, so the plaintiffs in the case—who Gun Owners of America are sponsoring—could then take their claims there.