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In his ruling Thursday, Oct. 1, US District Judge Glenn Suddaby in the Northern District of New York allowed a lawsuit from the advocacy group, Gun Owners of America, to move forward.
The group claims that the new law is just as unconstitutional as one that was overturned by the Supreme Court in June 2022.
Dubbed the Concealed Carry Improvement Act, the law requires license applicants to show “good moral character” by providing a list of current and former social media accounts, along with the names and contact information of family members and roommates.
Applicants must also provide at least four character references in order to obtain or renew their license, and complete 18 hours of firearms training.
In addition to the stricter application requirements, the new law designates several “sensitive locations” around the state where carrying firearms is illegal, including schools, theaters, and Times Square.
Judge Suddaby likened the new law to the century-old law that was struck down by the Supreme Court in June 2022, which restricted concealed carry of guns in public to only those with a “proper cause.”
"Setting aside the subjective nature of these assessments, shouldering an applicant with the burden of showing that he or she is of such 'good moral character' (in the face of a de facto presumption that he or she is not) is akin to shouldering an applicant with the burden of showing that he or she has a special need for self-protection distinguishable from that of the general community," Suddaby wrote in his decision.
"Simply stated, instead of moving toward becoming a shall-issue jurisdiction, New York State has further entrenched itself as a shall-not-issue jurisdiction."
Thursday’s ruling was widely criticized by state leaders in New York, including Gov. Kathy Hochul.
“In the wake of the Supreme Court’s reckless decision to reverse established law amid a national gun violence crisis, we acted decisively to keep New Yorkers safe,” Hochul said in a statement.
“It is deeply disappointing that a Judge wants to limit my ability to protect New Yorkers and prevent gun violence.”
Hochul said she was working with New York Attorney General Letitia James, who vowed to appeal the decision.
“Our communities are plagued by gun violence, and we must be able to enact common-sense laws to protect New Yorkers,” James said.
“My office will appeal today’s ruling on our state's concealed carry gun laws and continue to fight for the safety of every New Yorker.”
Judge Suddaby said a temporary restraining order would not take effect for three business days, giving the state an opportunity to file an appeal.
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