Federal Court: New York
Gun Law Unconstitutional

By Dean Weingarten. Nov 9, 2022

On October 6, 2022, Judge Glenn T. Suddaby issued a Temporary Restraining Order (TRO)to prevent New York State from enforcing the new infringements on the exercise of Second Amendment rights to keep and bear arms.

The restraining order was issued after a first lawsuit by the Plaintiff failed on August 1, for lack of standing. A new lawsuit remedying that condition was filed on September 22 of 2022. The new lawsuit contained the proper conditions for standing.

Judge Suddaby found New York State substituted one unconstitutional infringement for another. From the opinion:

However, instead, the 21 CCIA expressly prohibits the issuance of a license unless the licensing officer finds (meaning unless the applicant persuades him or her through providing much information, including "such other information required by review of the licensing application that is reasonably necessary and related to the review of the licensing application") that the applicant is of "good moral character," which involves undefined assessments of "temperament," "judgment" and "[]trust[]." [...] .....

Part of the protracted history regarding the attempts to have New York State respect the Bruin decision. Much has seemed to be a case of one step forward and two steps back, as impediments have continued to be presented on the basis of mythical 'dangers'.


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