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You are here: Home / News / Local News / Appellate Court Grants NYS Request To Keep Concealed Carry Act In Effect During Appeals Process

Appellate Court Grants NYS Request To Keep Concealed Carry Act In Effect During Appeals Process

October 13, 2022 By WRFA Radio Leave a Comment

An appellate court has granted New York State’s request to allow the new Concealed Carry gun law to remain in effect as it appeals a decision by a federal judge that temporarily blocked parts of the measure.

State Attorney General Letitia James issued a statement Wednesday saying, “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. My office will continue our efforts to protect the safety of everyday New Yorkers and defend our common-sense gun laws.”

James said the full act is in effect until a three-judge panel on the Second Circuit decides on the motion to stay.

Governor Kathy Hochul also issued a statement, “The interim administrative stay of the district court’s temporary restraining order is an important and appropriate step and affirms that the Concealed Carry Improvement Act will remain in effect during the appeals process. My top priority will always be to keep New Yorkers safe, and we will continue working with the Office of the Attorney General to defend our gun safety laws.”

On Thursday, October 6, a federal judge temporarily blocked enforcement of parts of the gun law that was enacted in the wake of a Supreme Court decision earlier this summer striking down certain protections.

The law, which went into effect in September, was signed by Hochul as a swift response to the Supreme Court striking down New York’s gun law that required a resident to obtain a license to carry a concealed pistol or revolver in public and demonstrate that “proper cause” existed for the permit.

But the plaintiffs in the case at hand, including at least one individual who wants to carry his firearm in church, argue the state is violating their Second and 14th Amendment rights by denying them the right to self-defense. They have filed for a preliminary injunction in order to eventually prohibit the state from enforcing its new set of laws.

State Senator George Borrello said in response to the federal judge’s ruling last week that it was only a matter of time before the law was struck down, calling the new concealed carry law unconstitutional.

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Filed Under: Local News Tagged With: Concealed Carry Improvement Act, George Borrello, Kathy Hochul, Letitia James, New York 2nd Appellate Division, New York State Attorney General's Office, U.S. Supreme Court

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