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 November 25, 2022

Judge blocks New York State law against concealed carry

A judge has blocked New York State's law against concealed carry for the third time, Breitbart reported. United States District Court Judge John L. Sinatra Jr. issued the temporary injunction Tuesday against a portion of the law that has faced several legal challenges.

In June, New York Democratic Gov. Kathy Hochul signed a restrictive gun control bill. The legislation was passed after the U.S. Supreme Court struck down an older gun control law on June 23, 2022, in the NYSRPA v. Bruen decision.

The catalyst was a case brought by two individuals and the New York State Rifle and Pistol Association against the 1911 Sullivan Act, the New York Post reported. They claimed the restrictions on carrying a concealed weapon in public violated Second Amendment rights.

Under the century-old law, police had the discretion to approve or deny requests for concealed carry permits. The association's attorney Paul Clement argued that it was against a "fundamental constitutional right" and should be overturned.

"Carrying a firearm outside the home is a fundamental constitutional right," Clement claimed. "It is not some extraordinary action that requires an extraordinary demonstration of need," he said in the November 2021 oral arguments.

The justices agreed 6-3 and issued the landmark decision. "Nothing in the Second Amendment's text draws a home/public distinction with respect to the right to keep and bear arms," Justice Clarence Thomas wrote in the majority opinion. He added that "the Second Amendment guarantees an 'individual right to possess and carry weapons in case of confrontation,' and confrontation can surely take place outside the home."

New York State's new laws in response to NYSRPA v. Bruen were set to go into effect on Sept. 1, 2022, with sweeping restrictions. However, the laws have faced a series of legal challenges, and aspects have been struck down three separate times.

The first blow to the law came on Oct. 6, 2022. U.S. District Judge Glenn T. Suddaby blocked certain aspects of the law pertaining to background checks, including forcing applicants to submit an invasive review of their social media accounts.

The second came on Oct. 21, 2o22, in the form of another temporary restraining order issued by Sinatra. This time, it blocked prohibitions on concealed carry of firearms on the grounds of places of worship.

This third and most recent decision came down in favor of allowing residents to carry concealed weapons on private property. It was decided on a case brought by the Second Amendment Foundation and the Firearms Policy Coalition on Brett Christian's behalf as a private citizen wishing to carry a weapon outside his residence.

Ultimately, Sinatra ruled that private property owners could prohibit weapons from their locales. However, the state cannot impose such rules from the outside.

The left is increasingly seeking to disarm law-abiding citizens. For now, the courts have maintained citizens' rights to concealed carry -- but it should never be taken for granted that it will remain that way.

Written By:
Christine Favocci

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