USALife.info / NEWS / 2023 / 12 / 09 / FEDERAL APPEALS COURT UPHOLDS GUN RIGHTS AND REJECTS NY CONCEALED CARRY LAW
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Federal Appeals Court Upholds Gun Rights and Rejects NY Concealed Carry Law

03:18 09.12.2023

In a landmark ruling on Friday, a federal appeals court struck down portions of New York's 2022 gun law, stating that New Yorkers are not required to disclose their social media accounts when applying for concealed carry permits. The three-judge panel on the US Court of Appeals for the Second Circuit also blocked restrictions on carrying concealed firearms on private property accessible to the public, as well as restrictions on carrying firearms in houses of worship.

The ruling referenced the Supreme Court's decision in last year's New York State Rifle & Pistol Association, Inc. v. Bruen case, which overturned the state's century-old law restricting the carrying of concealed firearms. The judges argued that conditioning a concealed carry license on the disclosure of social media accounts imposes an undue burden on the right to bear arms.

The "Concealed Carry Improvement Act," part of New York's gun law, had previously required applicants to submit a list of their current and former social media accounts from the past three years for review by state officials. However, the court ruled that this provision violated individuals' right to anonymity on social media platforms.

While the court struck down these provisions, other aspects of the law, such as the requirement to demonstrate "good moral character" and disclose household and family members on the license application, were allowed to remain in place. Additionally, New York will still be able to enforce concealed carry bans in certain "sensitive places," including theaters, bars, and public parks.

Gun rights groups, such as Gun Owners of America, praised the decision to strike down the social media disclosure requirement but expressed frustration that the "good moral character" provision was upheld. They argued that the court should have invalidated the entire gun law.

New York Attorney General Letitia James, on the other hand, hailed the court's decision, stating that the provisions that were left intact were critical for keeping New Yorkers safe. She emphasized that the law was enacted to prevent firearms from falling into the wrong hands and to protect sensitive locations.

This ruling is significant as it is the first federal court decision to address the limits on where licensed gun owners can carry concealed firearms since the Supreme Court's expansion of gun rights in the New York State Rifle & Pistol Association, Inc. Bruen case last year. The consequences of that Supreme Court decision have already had far-reaching effects on gun regulations in several states.

While this ruling sets an important precedent, the appeals court acknowledged that it does not determine the ultimate constitutionality of the challenged provisions. The case will continue to proceed through the lower courts, and further analysis and historical examination will be conducted.

Overall, this ruling has both pleased and disappointed various stakeholders, with gun rights activists applauding the elimination of certain requirements while expressing the desire for broader change, and New York officials asserting that the upheld provisions are crucial for public safety. The debate over gun control and individual rights continues to be a contentious issue in American society.

/ Saturday, December 9, 2023, 3:18 AM /

themes:  New York (state)



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