Appeals Court Grants Stay in Challenge to New York Gun Law

gun law
John Deloca, owner of Seneca Sporting Range, prepares to fire his 9mm semi-automatic handgun during a shooting demonstration at his gun range, June 23, 2022, in New York. A sweeping new gun law in New York that would require applicants to hand over social media information before they could carry a gun in public while declaring bucolic parks, bustling Times Square and a long list of other places off limits for firearms is scheduled to take effect Thursday, Sept. 1, 2022, amid legal battles and lingering confusion.
AP Photo/Bebeto Matthews, File

A federal appeals court Tuesday issued a temporary stay on a lower court judge’s order that pared back enforcement of New York’s new gun law.

The stay from the 2nd U.S. Circuit Court of Appeals comes eight days after U.S. District Judge Glenn Suddaby declared multiple portions of the law unconstitutional, including rules that restrict carrying firearms in public parks and some licensing requirements.

New York lawmakers rewrote the state’s handgun laws this summer after a Supreme Court ruling invalidated New York’s old system for granting permits to carry handguns outside the home.

The new law broadly expanded who could get a handgun license, but it increased training requirements for applicants and required them to turn over more private information. The state also created a long list of places where firearms would be banned.

Suddaby last week issued a preliminary injunction halting the state police and local officials named in the lawsuit from enforcing some provisions of the law. On Tuesday, the appeals court issued a stay while it considers a motion from government officials opposing the injunction.

Among the new licensing rules Suddaby found constitutionally flawed was a provision requiring applicants to be of “good moral character,” and another that made applicants turn over information about their social media accounts.