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Appeals Court Allows New York to Keep Enforcing New Gun Law

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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 panel said New York can continue enforcing a new state law banning guns from “sensitive” places like parks and theaters while the judges consider a legal challenge.

The temporary stay from the 2nd U.S. Circuit Court of Appeals on Wednesday puts on hold most of a ruling last month from U.S. District Judge Glenn Suddaby, who found constitutional issues with multiple portions of the law related to carrying firearms in public places and to licensing requirements.

New York adopted the new gun law this summer after a Supreme Court ruling invalidated the state’s system for granting permits to carry handguns outside the home. The law expanded who could get a handgun license, added new licensing requirements and created a long list of places where firearms would be banned.

Suddaby in November issued a preliminary injunction halting the state police and local officials named in the lawsuit from enforcing some provisions of the law. The appeals panel on Wednesday continued a stay put in place a week after Suddaby’s ruling while it considers a motion from government officials opposing the injunction.

The panel’s decision makes an exception for people who have the “duty to keep the peace at places of worship, airports, and private buses.”

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.

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