One would think that the U.S. Supreme Court would be interested in considering the constitutionality of New York’s restrictive carry law since the law was hastily written and passed because of the court’s 2022 decision in New York State Rifle & Pistol Association v. Bruen. In fact, at the time, the law was referred to by many as the Bruen-response law, and in many ways was more restrictive than the original law was.
Alas, on Monday, SCOTUS, without giving a reason, declined to take up the case concerning the law, which not only set up vast swaths of the state as “sensitive places” where carry is restricted but also required handgun owners to prove “good moral character” before purchasing a gun. Because the court declined to hear the case, an earlier ruling from the 2nd Circuit Court of Appeals will remain in place.
The 2nd Circuit Court had ruled in October 2024 in Antonyuk et al. v. James that the law banning people from carrying weapons in locations such as schools, parks, theaters and bars is constitutional under the Second Amendment. The court also declared constitutional the state’s restrictive “good moral character” requirement for getting a concealed carry permit.
In December 2023, 2nd Circuit Court had ruled that the law was constitutional, and plaintiffs then appealed to the U.S. Supreme Court. But rather than taking up the case then, the Supreme Court ordered the 2nd Circuit to reconsider the case in light of its decision in the Rahimi case. In its subsequent ruling, the appeals court said the Supreme Court analysis in the Rahimi case supported its prior conclusions.
At the time of the second 2nd Circuit ruling, Erich Pratt, president of Gun Owners of America (GOA), had expressed frustration with the ruling since the Supreme Court had sent the case back for reconsideration.
“The 2nd Circuit got it wrong the first time, SCOTUS told them so and said try again, and this nearly identical ruling is a slap in the face to the Justices and every gun owner across New York,” Pratt in a press release. “We will continue the fight against Gov. Hochul and anti-gun legislators in Albany until New Yorkers can finally carry for self-defense without infringement.”
Understandably, Pratt was again frustrated with the Supreme Court’s decision to not hear the case.
“While we are disappointed by the Supreme Court’s decision not to take this case, we will never stop fighting to defend the rights of gun owners across the country,” he said.
Of course, Democratic New York Gov. Kathy Hochul, who just signed three more gun control measures into law last week, was ecstatic to hear about the court’s decision, stating, “New York’s strong gun safety laws save lives.”
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