Federal appeals court blocks some of New York gun law

By Michelle Watson, CNN

(CNN) — A federal appeals court has blocked enforcement of three parts of a New York gun law that places restrictions on carrying a concealed firearm.

The 261-page opinion filed Friday partially leaves in place lower-court orders freezing enforcement of the concealed-carry law, while allowing most other aspects of the law to take effect. The law in question, the Concealed Carry Improvement Act, faced legal battles not long after its inception.

One part of the law, according to the opinion, requires prospective gunowners to “submit … a list of former and current social media accounts of the applicant from the past three years to confirm the information regarding the applicant[’]s character and conduct.”

Friday’s opinion from the 2nd Circuit Court of Appeals blocks that requirement.

Another provision in the law “makes it a crime to possess firearms in a ‘restricted location,’” which could include private property that’s “generally open to the public” such as a grocery store.

Friday’s opinion strikes down that provision, with respect to “private property held open to the general public.”

Friday’s opinion freezes enforcement of one provision, which would have largely banned carrying a firearm at places of worship, for one group of plaintiffs that had previously sued, alleging “the place of worship provision substantially burdens their ‘right to the free exercise of religion.’”

The court noted its decision is not conclusive, and that the laws might be reinstated after being fully examined by the lower courts.

“Our affirmance or vacatur of the district courts’ injunctions does not determine the ultimate constitutionality of the challenged CCIA provisions, which await further briefing, discovery, and historical analysis, both in these cases as they proceed and perhaps in other cases,” the court opinion said.

Friday’s opinion largely leaves other requirements of the law in place, such as “in-person meeting with a licensing officer” for those looking to carry a concealed license, and “four character references who can attest” to a person’s “good moral character.”

The state can also bar carrying in “sensitive locations” such as zoos and public parks.

In January, the Supreme Court rebuffed an emergency request from challengers to consider the law and kicked it back to the 2nd Circuit Court of Appeals.

Proponents of the law said they were pleased by the decision for allowing much of the measure to remain enforceable by the state.

New York Attorney General Letitia James applauded Friday’s opinion, saying: “Today’s decision to permit the state to enforce critical provisions of the Concealed Carry Improvement Act as the court process moves forward will help keep New Yorkers safe.”

“This commonsense law was enacted to keep guns out of dangerous hands and away from schools, hospitals, parks, public transportation, and other sensitive locations. My office will continue to defend New York’s gun laws and use every tool to protect New Yorkers from senseless gun violence,” she said.

New York Gov. Kathy Hochul also praised Friday’s ruling, calling the legislation “nation-leading.”

“These laws instituted common-sense protections to strengthen background checks, protect sensitive locations, and ensure permits are issued responsibly,” she said.

“Now, even after a year of legal assault from right-wing extremists, core tenets of our laws remain in effect following today’s ruling from the United States Court of Appeals for the Second Circuit. Public safety is my top priority, and I’ll continue my efforts to keep New Yorkers safe,” she added.

The-CNN-Wire
™ & © 2023 Cable News Network, Inc., a Warner Bros. Discovery Company. All rights reserved.