A partial victory for concealed carry in New York was celebrated by a gun advocacy group with a pledge to send “the entire law … into the bowels of history where it belongs.”
“However, this was not a total victory…”
On Friday, the US Court of Appeals for the Second Circuit issued a 261-page ruling striking down part of New York State's Concealed Carry Improvement Act (CCIA). Although restrictions on having private property open to the public and requirements for social media disclosure were defeated, surviving rules, such as the need to demonstrate “good moral character,” left defenders of the Second Amendment stating that the court had not gone far enough.
In a statement following the order of the provisions, Gun Owners of America (GOA) Senior Vice President Erich Pratt took aim at New York Governor Kathy Hochul (D) as he said, “Governor Hochul and her cabal of “Albany never seems to get the message. , and in turn, GOA is proud to have played a major role in striking down their unconstitutional law.”
“However, this was not a total victory, and we will continue to fight until this entire law is sent to the bowels of history where it belongs,” he continued.
How it had been reportedFriday's decision by a three-judge panel was the first ruling on concealed carry since the Supreme Court's 2022 decision in New York State Rifle & Pistol Association, Inc. v. the bridge.
GOA stated that “the Court's opinion reads as a repudiation the bridgefind ways to claim that their holdings don't apply here,” and the Gun Owners Foundation called the ruling “a mixed bag, affirming some of our victories and reversing others.”
THIS IS INDEPENDENT!
The 2nd Circuit repeatedly states that there is no need to follow Bruen and the Supreme Court's precedent was limited to only THAT decision, due to the alleged “exceptional nature” of Bruen. https://t.co/ZK2GzZHlzf
— Gun Owners of America (@GunOwners) December 8, 2023
Speaking on behalf of the foundation's board of directors, Sam Paredes said, “It's encouraging that the Court blocked the intrusive provisions of social media, but just as intrusive are the processes required to confirm that 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 actions in the nation's High Court.”
The panel wrote: “The CCIA's definition of 'character' is an indicator of dangerousness: if the applicant, if licensed to carry a firearm, is likely to pose a danger to himself, others or public safety,” and referred to the metric. as a “fluffy concept open to abuse”.
“[A] A licensing decision that uses “good moral character” as a smokescreen to deny licenses for impermissible reasons unrelated to dangerousness, such as the applicant's lifestyle or political preferences, would violate the Constitution by relying on a reason for disarmament for which there is no historical basis. “, determined the judges.
Adding weight to the Second Amendment advocate's claim that the legal challenges were far from over, George Soros-backed New York Attorney General Letitia James also celebrated the panel's ruling, writing in the social media: “Today, a federal court allowed most provisions of the Concealed Carry Improvement Act to remain in place as the court process proceeds. My office will continue to defend common sense gun safety laws of New York and protecting our communities.”
Today, a federal court allowed most of the provisions of the Concealed Carry Improvement Act to remain in effect as the court process moves forward.
My office will continue to defend New York's common sense gun safety laws and protect our communities.
— NY AG James (@NewYorkStateAG) December 8, 2023
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