An appellate judge has issued a stay on a district court ruling that halted parts of New York’s new concealed carry gun law. Democratic State Attorney General Tish James appealed last week’s ruling that found parts of the measure violated the 2nd Amendment.
The law was approved this summer after the U.S. Supreme Court overturned New York’s century-old concealed carry law. The new measure expanded background checks for license applicants — requiring them to provide years of social media posts and prove “good moral character” — and established “sensitive locations” where weapons are not allowed.
AG James says the law will remain in effect until a three-judge panel on the Second Circuit decides on the motion to stay.
“I am pleased that the full Concealed Carry Improvement Act will stay in effect and continue to protect communities as the appeals process moves forward," AG James said in a statement Wednesday. "My office will continue our efforts to protect the safety of everyday New Yorkers and defend our common-sense gun laws.”
Governor Kathy Hochul cheered the development.
"The interim administrative stay of the district court's temporary restraining order is an important and appropriate step and affirms that the Concealed Carry Improvement Act will remain in effect during the appeals process," the Democratic governor said in a statement. "My top priority will always be to keep New Yorkers safe, and we will continue working with the Office of the Attorney General to defend our gun safety laws."
There have been several federal challenges to the law from gun rights advocates who argue the legislation violates the Second Amendment and free speech rights.
This lawsuit was bought by six gun owners from upstate New York who claim the law infringes on their constitutional rights. Most of the plaintiffs have licenses to carry and argue the law keeps them from holding a weapon in designated sensitive places like state parks or church.
One plaintiff intends to apply for a carry permit but is unwilling to share social media posts or character references with investigators, according to the federal complaint.
New York is among a half-dozen states that had provisions of their gun laws invalidated by the Supreme Court.
The Associated Press contributed to this report.
