Judge keeps New York State concealed carry law in place pending appeal of ruling
A traffic sign on the corner of 42nd Street and 6th Avenue announces Times Square as a gun free zone Tuesday in New York. Credit: AP/Mary Altaffer
ALBANY – A federal judge on Wednesday said the state’s new law restricting concealed carry permits for firearms owners will remain in place while the state challenges an Oct. 6 ruling that struck down key elements of the law.
Federal Circuit Judge Eunice C. Lee in Manhattan made the ruling without comment on the lawsuit’s merits. The new law adopted this year will continue to restrict the issuing of concealed carry permits until a lawsuit challenging the law is decided by a three-judge appellate court.
The new law passed by the State Legislature and signed by Gov. Kathy Hochul was a reaction to a U.S. Supreme Court ruling this summer that struck down New York’s century-old law that greatly restricted the issuance of conceal carry permits.
The legislature attempted to rework the law to comply with the high court’s decision. The state law now prohibits concealed firearms from churches, government buildings, bars and other “sensitive zones.” It also requires a multistep process to obtain a concealed-carry permit that includes 16 hours of classroom instruction on firearms safety, two hours of live firing on target range, and a review of social media postings, among other requirements.
Gun owner rights advocates Ivan Antonyuk, Corey Johnson, Alfred Terrille, Joseph Mann, Leslie Leman, Lawrence Sloane sued. They argued the new law was unconstitutional because it infringed on their rights to defend themselves and their families.
On Oct. 6 a federal judge agreed in part and struck down many elements of the new law, but provided time for the state to appeal.
Wednesday’s decision granted the state’s motion to keep the new law in place pending appeal of the Oct. 6 decision.
“I am pleased that the full Concealed Carry Improvement Act will stay in effect and continue to protect communities as the appeals process moves forward,” said state Attorney General Letitia James. “My office will continue our efforts to protect the safety of everyday New Yorkers and defend our common-sense gun laws.”
Hochul called Wednesday’s decision “an important and appropriate step.”
There was no immediate comment from the New York State Rifle & Pistol Association, which is leading the opposition to the law.
Michael Gormley has worked for Newsday since 2013, covering state government, politics and issues. He has covered Albany since 2001.
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