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Appeals Court Grants Stay in Challenge to New York Gun Law

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What to Know

  • 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.

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.

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Source: NBC New York

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