Federal judge strikes down portions of state’s new restrictive gun laws

October 6, 2022
2:19 pm

SYRACUSE – In a court battle watched by proponents of the state’s new gun laws and gun rights groups alike, US District Court Judge Glenn Suddaby deemed that several aspects of the new laws are unconstitutional. The new laws are called the “Concealed Carry Improvement Act”. The judge, hearing the case in Syracuse, gave the State three days to file an appeal before his decision on Thursday goes into effect.

Judge Saddaby also struck down several provisions of the new presumptive gun ban that greatly limits a registered gun owner’s right to carry a weapon in many public and private places.

The judge issued a restraining order against the state regarding several portions of the new law. The restraining order is in effect until October 20, 2022. The following provisions are covered in the restraining order:

The new law called for applicants seeking a gun permit to submit all of their social media accounts for the past three years, to the agency performing the background check. The state, according to Judge Suddaby, cannot require applicants to disclose the names and contact information of all adults residing in their homes or require a face-to-face meeting with the officer conducting the background investigation.
Firearms will still be prohibited in places of worship unless the person is providing security. According to the judge’s ruling, the presumptive ban is only enforceable in government administrative buildings, polling places, and public areas restricted to general access for special events through permits, as well as educational facilities.
Under the new law, the state prohibited individuals from carrying a handgun carry on all private property without the explicit permission of the property owner. Judge Suddaby ruled that the owner of a dwelling or business, not the state, can decide whether or not to allow individuals to carry a handgun.
New York’s revised gun laws are recognized as being the most restrictive in the country and required an applicant to demonstrate that they are of “good moral character”. The judge struck that provision, saying it is up to the state to prove that the applicant has bad intentions, rather than having the applicant prove their innocence.

“The State of New York is now making a decision for private property owners that they are perfectly able to make for themselves,” Judge Saddaby wrote in his decision.

Shortly after the decision, New York State Attorney General Letitia James issued a statement denouncing the judge’s ruling in the Antonyuk v. Hochul case., temporarily blocking or modifying some provisions of New York’s Concealed Carry Improvement Act and vowed to appeal the decision.“Today’s decision comes in the wake of mass shootings and rampant gun violence hurting communities here in New York and across the country,” James said, adding “While the decision preserves portions of the law, we believe the entire law must be preserved as enacted.”