NY's concealed carry law: It's still in effect as 10 lawsuits continue

ALBANY — Can’t keep straight all the lawsuits challenging New York’s new concealed-weapons law?

You wouldn’t be alone.

The law is subject to 10 ongoing lawsuits since Gov. Kathy Hochul and the State Legislature enacted it this year. The cases vary in breadth of claims, are lodged in different courtrooms all over the state and are at different stages in the process.

Despite several initial decisions about preliminary injunctions and stays, the bottom line is this, for now: All of the law’s wide-ranging provisions are still in effect, according to the state attorney general’s office.

Here’s an overview of key points you need to know.

Q: How did this all start?

A: In June, the U.S. Supreme Court struck down New York’s century-old law governing the carrying of concealed weapons outside the home, saying it violated gun rights in the 2nd Amendment.

The court said the old state law was too restrictive because it required applicants for a concealed-carry gun permit to show “proper cause” and “good moral character,” which were too vague and subjective. But it also said New York could pass a law requiring more objective licensing standards.

Q: Then what happened?

A: Hochul and the Democratic-led Senate and Assembly enacted a law putting in a range of standards for obtaining a concealed-carry license and declaring a wide range of public places off limits for guns.

The standards included completing 18 hours of training, with two being live-fire on a gun range and completing an in-person interview. As part of an attempt to impose an objective character standard, lawmakers said applicants must provide a list of social media accounts used in the last three years and character references.

The prohibited places list includes dozens of so-called sensitive areas, including government buildings and churches; airports, train stations and bus terminals; entertainment, sports and gaming venues; places where alcohol is consumed; nursery schools, summer camps and child care facilities, and Times Square in Manhattan.

Q: Then came the lawsuits?

A: Indeed. 10 and counting, so far.

Some are broad, asserting violations of the 1st (free speech), 2nd (right to bear arms) and 14th (equal protection) amendments to the U.S. Constitution, as well as challenging the provisions regarding training, character references and social media accounts. Some say the provisions are so onerous that they effectively negate the 2nd Amendment.

In general, some claim the list of prohibited places is so lengthy it’s essentially unclear if a person can carry a concealed weapon anywhere under the new law.

A few of the lawsuits challenge some but not all the provisions. For example, one focuses on the ban in public parks and on public transit.

Four lawsuits focus primarily on the ban on carrying weapons in places of worship. Among other things, they contend the ban makes churches and synagogues less safe because they could be targeted.

One case features six Suffolk County residents who have sued the county and Police Commissioner Rodney K. Harrison, claiming officials are not only enforcing an unconstitutional law but also “intentionally and purposely obstruct the purchase, possession, and carrying of handguns by ordinary citizens” by, among other things, stalling the licensing process.

Q: What’s the status of the claims?

A: They all are in the early stages. The early skirmishes have been, generally speaking, about opponents seeking preliminary injunctions to block all or some provisions.

In a few instances, plaintiffs won an injunction initially but a higher court issued a stay, neutralizing the lower court’s decision.

Q: What does the state say?

A: Detailed, legal arguments will continue to be fleshed out. But, in general, Hochul and the State Legislature say they are trying to reduce the growing trend of gun violence and stem the proliferation of guns. Hochul says she doesn’t want New York to “become the Wild West.”

“Imagine you’re in Times Square and you’re surrounded by people with concealed weapons. Does that make you feel more or less safe?” Hochul said when the law was approved. “I think you know the answer.”

Q: What are some things to look for or focus on?

A: One of the top cases, called Antonyuk v. Hochul, has moved along a bit. A federal judge in Syracuse, citing provisions about prohibited places, social-media accounts and moral character, said the law was constitutionally flawed. He issued an injunction, blocking the provisions from being enforced.

But a federal appeals court issued a stay, keeping the provisions in place. Legal briefs in the case can be filed in January, but it will probably be months before the next key judgment is reached.

By Yancey Roy

yancey.roy@newsday.com@yanceyroy