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Administrative Stay Allows New York’s Concealed Carry Law to Remain Effective.pdf (65.85 kB)

Administrative Stay Allows New York’s Concealed Carry Law to Remain Effective

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posted on 2023-07-28, 19:19 authored by Eli Hill

The second court of appeals has granted an interim administrative stay, reversing a temporary restraining order issued by the U.S. District Court for the Northern District of New York in Antonyuk v. Hochul. The stay pending appeal will allow New York’s Concealed Carry Improvement Act to remain in full effect while the law awaits a decision by a panel of judges. New York Attorney General Letitia James said in a statement on October 12th, “I am pleased that the full Concealed Carry Improvement Act will stay in effect and continue to protect communities as the appeals process moves forward” [1].

The Concealed Carry Improvement Act was borne out of an emergency session of the New York State Legislature over the summer after the June 23rd landmark decision in New York State Rifle and Pistol Association v. Bruen [1]. The law requires that persons wishing to obtain a license for concealed carry must be of good moral character, which is defined as “temperament and judgment necessary to be entrusted with a weapon and to use it only in a manner that does not endanger oneself or others” [2]. Secondly, the law prohibits the possession of firearms in certain locations, such as government property, healthcare facilities, on public transportation, and Times Square [3].

The motion filed by the Attorney General’s office argues that the restraining order issued by the U.S. District Court of the Northern District of New York only adds to confusion and chaos among the public and enforcement agencies. The Office of the New York Attorney General published the following in its memorandum supporting the motion:

“state and local officials have spent significant resources implementing the CCIA and informing New Yorkers about the new law, only to have the Order sow confusion among the public, licensing officials, and law enforcement. The purpose of interim relief is to preserve the status quo, not to create turmoil during the pendency of litigation” [4].

Over the past seven years, the court has been fairly consistent in their rulings regarding gun control laws, with rulings in several prominent cases favoring more restrictive gun laws. However, if the case goes to the Supreme Court, New York may face an upward battle given the 6-3 conservative majority.

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This Article is brought to you for free and open access by the Juris Mentem Law Review. This article has been accepted for inclusion in the Juris Mentem Digital Collection. The Digital Collection is edited by Juris Mentem Staff but is not peer-reviewed by university faculty. For more information, visit: https://www.american.edu/spa/jlc/juris-mentem.cfm Questions can be directed to jurismentem@american.edu

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