New York’s New Concealed Carry Rules Blocked by Federal Court

Large parts of New York State’s new law regulating who can carry a concealed weapon and where have been put on hold by a US judge because its criteria don’t match up well with historic gun regulations.

The provisions were put on hold Monday by Judge Glenn T. Suddaby of the US District Court for the Northern District of New York, pending the outcome of a Second Amendment challenge to the law. But the plaintiffs have a substantial likelihood of success on the merits of their claim, Suddaby said.

New York adopted the law to control gun violence. It requires people who apply for a license to carry a concealed weapon to prove their “good moral character,” sets out what’s needed to do so, and identifies areas where concealed guns can’t be carried.

The good moral character requirement is impermissibly open ended, Suddaby said. Although there’s historical support for withholding a license from citizens who don’t have good moral character, those laws were based on the applicant’s past conduct and not on subjective decisions by a licensing agent, he said.

Other provisions of the law that are subject to the preliminary injunction include requirements that the applicant provide the state with lists of family members and cohabitants, former and current social media accounts, and “any information” considered “reasonably necessary” to process the application.

The law’s prohibitions on carrying a concealed weapon in mental health facilities, churches, public parks and zoos, airports, bars, theaters, public assemblies, and some private properties were also subject to the injunction, the judge said.

But the state may require an applicant to provide four character references and may prohibit carrying a concealed gun in nursery schools, he said.

William J. Olson PC and Stamboulieh Law PLLC represented the plaintiffs. The New York Attorney General’s Office, the Onondaga County Department of Law, the Syracuse Law Department, the
Albany County Attorney’s Office, Barclay Damon LLP, and the Greene County Attorney’s Office represented the defendants.

The case is Antonyuk v. Hochul, 2022 BL 398137, N.D.N.Y., No. 1:22-CV-0986 (GTS/CFH), 11/7/22.