Legal Insurrection by James Nault 7/4/2024
Court kicks case finding New York concealed carry statute partially valid back to the Second Circuit in light of the recent SCOTUS Rahimi opinion, which held that laws temporarily disarming individuals who pose a credible threat to others are constitutionalWe have been closely following a case out of New York, Antonyuk v. Hochul, that challenged New York’s attempt to do an end-around to avoid the Supreme Court’s Bruen ruling.
New York State Rifle & Pistol Association, Inc. v. Bruen, 597 U.S. 1 (2022), as I’m sure you know, held that the previous New York statute that required a citizen to have a “special need” to obtain a concealed carry permit, was unconstitutional:
We…now hold, consistent with Heller and McDonald, that the Second and Fourteenth Amendments protect an individual’s right to carry a handgun for self-defense outside the home.
The parties nevertheless dispute whether New York’s licensing regime respects the constitutional right to carry handguns publicly for self-defense. In 43 States, the government issues licenses to carry based on objective criteria. But in six States, including New York, the government further conditions issuance of a license to carry on a citizen’s showing of some additional special need. Because the State of New York issues public-carry licenses only when an applicant demonstrates a special need for self-defense, we conclude that the State’s licensing regime violates the Constitution.
You got that, right? New York cannot require a New York State citizen to show a “special need” for a carry permit. You meet the requirements, which cannot include the requirement to show of special need, you get the permit.
Well, apparently, Kathy Hochul didn’t get the memo, because shortly after Bruen issued, she signed a new law requiring a showing of “good moral character” prior to receiving a carry permit. The law also banned concealed carry of firearms in many sensitive places, including churches, and mandated that carry in any business was prohibited unless the owner affirmatively posted a sign saying that concealed carry was permitted.
And, of course, litigation immediately ensued, with federal judge Glenn Suddaby striking down the good moral character requirement as well as a provision requiring permit applicants to provide three-years-worth of social media accounts to reviewing officials, among others.
More:
https://legalinsurrection.com/2024/07/supreme-court-sends-latest-new-york-gun-case-back-to-appeals-court-for-a-re-do/
