ALBANY, N.Y. (WTEN) — New gun legislation just recently went into effect here in New York, but on Thursday, Federal U.S. District Judge Glenn Suddaby issued a temporary restraining order and says, multiple parts of the legislation are unconstitutional.
The lawsuit was initiated by six gun owners from upstate New York. Most of the plaintiffs have licenses to carry and say the laws are unconstitutional, preventing law abiding citizens from carrying in the newly defined sensitive places like state parks or Time Square. The Federal Judge says the state cannot ban conceal and carry in Time Square. Additionally he says the new requirement that states applicants must turn over social media accounts during the gun application process goes too far.
In a statement Judge Suddaby said: “Simply stated, instead of moving toward becoming a shall-issue jurisdiction, New York State has further entrenched itself as a shall-not-issue jurisdiction. And, by doing so, it has further reduced a first-class constitutional right to bear arms in public for self defense … into a mere request.”
Tom King, Executive Director of New York State Rifle and Pistol Association, who has a separate lawsuit challenging the new laws, says he thinks the lawsuit will have to eventually go to the Supreme Court, “When that happens, all bets are off. With the lawsuit that the NYSRPA has filed, Bruen too, we’ve taken into account many of these further facts that we think should be considered and some of the more egregious parts that weren’t handled that we think are unconstitutional.”
Specifically King was referring to the 18-hour training requirement, sensitive locations and “other” information required when applying, “What does that mean? We have no idea. You know it could mean, your mothers birthday. You know, I don’t know and I’m not being facetious.”
Governor Hochul weighed in saying, “In the wake of the Supreme Court’s reckless decision to reverse established law amid a national gun violence crisis… It is deeply disappointing that a Judge wants to limit my ability to protect New Yorkers and prevent gun violence.”
The judge gave the state three business days to seek emergency relief before a federal appeals court.