Federal Circuit Court Supports Injunctions Against Parts of New York Concealed Carry Law
Jose Nino
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On December 8. 2023, the United States Court of Appeals for the Second Circuit ruled in favor of a federal injunction against parts of New York’s “Concealed Carry Improvement Act.” This ruling came after multiple previous court actions dealing with the case, which includes a preliminary injunction that GOA and GOF obtained from the Federal District Court in November 2022.
These provisions within New York’s law were enjoined by this recent ruling as noted by GOA in an email to its members:
- Requiring applicants to disclose social media accounts for review.
- The restrictions on carrying on private property that is accessible to the public, as well as the restriction on carrying in houses of worship.
Though GOA lamented how the Second Circuit was not able to consistently apply Bruen in how it left the “good moral character requirement” intact for individuals looking to obtain a concealed carry permit. On top of that, most of the Court’s opinion apparently looks like a rejection of Bruen, in how it found ways to assert that its holdings are not applicable here.
Erich Pratt, GOA’s Senior Vice President, commented on this development:
Governor Hochul and her cabal in Albany never seem to get the message, and in turn, GOA is proud to have played a major role in rebuking her unconstitutional law. Nevertheless, this was not a total victory, and we will continue the fight until this entire law is sent to the bowels of history where it belongs.
Sam Paredes, spoke on behalf of the Board of Directors for the Gun Owners Foundation, by highlighting the following:
It’s encouraging that the Court blocked the intrusive social media provisions, but just as intrusive are the processes needed to confirm someone is ‘of good moral character,’ which the Court has inexplicably chosen to uphold. Frustratingly, much of this Court’s opinion reads like an insubordinate rebuke of the Supreme Court, which is a disgrace and cannot be allowed to stand. We are weighing action at the nation’s High Court.
Litigation has its limits. While the courts are generally the only viable options for gun owners to reverse gun grabs in deep blue states such as New York, they can only do so much. Gun owners may have to start getting creative by latching on to the cause of nullification in order to invalidate unconstitutional gun grabs.
These trying times we live in will require us to become more unconventional when it comes to our tactics when trying to change public policy.
Traditional methods of political change will simply not suffice.
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