ALBANY – New York State Attorney General Letitia James is seeking to overturn a federal judge’s decision that struck down portions of the state’s new restrictive gun laws, known as the “Concealed Carry Improvement Act” (CCIA).
In response to the federal court’s decision, Attorney General James filed a 109-page emergency interim stay of the temporary restraining order, issued by the federal court, and also seeks a stay of the order pending the anticipated appeal by the State.
The CCIA, according to James, “strengthens requirements for concealed carry permits, prohibits guns in sensitive places, requires individuals with concealed carry permits to request a property owner’s consent to carry on their premises, enhances safe storage requirements, requires social media review ahead of certain gun purchases, and requires background checks on all ammunition purchases.”
United States District Court Judge Glenn Saddaby last week, 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.
Judge Saddaby, hearing the case in Syracuse, gave the state three days to file an appeal before his decision last Thursday went into effect. The judge also 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.
After filing the motion on October 10th, James said, “Today my office filed a motion to keep the entire Concealed Carry Improvement Act in effect and continue to protect communities as the appeals process moves forward. This common-sense gun control legislation is critical in our state’s effort to reduce gun violence. We will continue to fight for the safety of everyday New Yorkers.”
