United States Supreme Court Building

The U.S. Supreme Court has ruled again to allow New York State’s Firearm Dealer Laws and Concealed Carry Improvement Act to remain in effect pending appeal.

The Court on Wednesday refused a request from a group of firearms dealers in New York seeking to halt parts of the state’s new laws regulating commercial gun sales.

The order comes days after it rejected a separate request to block the state’s new firearms law, which was enacted in the wake of the Court’s Second Amendment decision this summer.

Among the laws targeted by the gun sellers were requirements that firearm dealers secure guns in a safe or locked area and have security systems installed on their premises; prohibit people under 18 from entering gun retail stores without a parent or guardian; and provide records of gun sales to government law enforcement agencies and manufacturers upon request.

They also challenged laws regarding the purchase of guns and ammunition, including a licensing requirement for semiautomatic rifles; requiring background checks for ammunition sales and directing New York State Police to establish a database for such sales; and requiring gun dealers to maintain records of ammunition sales.

The regulations took effect in September and December, and the firearms dealers told the court they are unable to comply with “most” of the new laws.

A U.S. district court judge denied their request to block the laws. After appealing to U.S. Court of Appeals for the 2nd Circuit, a three-judge panel also declined to halt enforcement of the law pending appeal. Proceedings before the 2nd Circuit are ongoing.

United States Supreme Court Building

The U.S. Supreme Court ruled that New York’s Concealed Carry Improvement Act can remain in effect pending appeal.

The Court upheld a stay that was issued by the U.S. Court of Appeals for the Second Circuit in Antonyuk v. Nigrelli in December 2022.

State Attorney General Letitia James issued a statement that said, “We have a right to enact commonsense measures to protect our communities, and I am pleased with the Supreme Court’s decision to allow New York’s concealed carry gun law to remain in effect. Too many New Yorkers are plagued by gun violence, and we know that basic gun laws help save lives every day. My office will continue to use every tool at our disposal to protect New Yorkers and defend our responsible gun laws.”

The Concealed Carry Act took effect in September 2022 following the U.S. Supreme Court’s ruling in New York State Rifle & Pistol Association v. Bruen. The law strengthens requirements for concealed carry permits, prohibits guns in sensitive places, requires individuals with concealed carry permits to request a property owner’s consent to carry on their premises, enhances safe storage requirements, and requires background checks on all ammunition purchases.

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.

On Wednesday, a U.S. District judge in Syracuse rejected a request by Gun Owners of America Inc. and others for an order to halt the roll-out of the state’s Concealed Carry Improvement Act.

The judge did say the group could amend and refile their request for a preliminary injunction.

New York lawmakers passed the new law this summer after the U.S. Supreme Court invalidated the state’s previous restrictions on concealed weapons permits.

The new law contains strengthened background checks and firearm safety and live-fire training for individuals seeking to obtain concealed carry permits; prohibits concealed carry permit holders from bringing their firearms into sensitive locations, including Times Square, bars, libraries, schools, government buildings and hospitals, among others; and requires renewal or recertification of permits every three years.

New permitting and minimum age requirements for semi-automatic rifles takes effect this Sunday, September 4. After that date, an individual must be at least 21 years old and have a permit prior to purchasing or taking possession of a semiautomatic rifle. These new requirements were included in a package of legislation in response to the racially motivated mass shooting in Buffalo this spring. Licenses are not required for individuals who possessed semiautomatic rifles before September 4, 2022.

Governor Kathy Hochul announced a new Gun Safety Website to provide the public, gun owners, and gun dealers with comprehensive information about all of the new requirements under state law. That site can be found at https://gunsafety.ny.gov/

Carl Paladino announced on Thursday he’s retained counsel and will personally fund a federal lawsuit challenging the state’s new concealed carry measures on behalf of the people of New York. Prominent Buffalo-area attorney Paul Cambria will represent him and they hope to file in federal court by this morning.

The State Legislature passed the Concealed Carry Improvement Act following a U.S. Supreme Court decision that struck down a long-standing state law requiring pistol permit holders to show proper cause in order to carry a concealed firearm in public.

Paladino said he agrees with pieces of the law, like strengthened background checks and required safety training, but in general believes the act is unconstitutional.

He said they’re determining exactly what will be in the suit.

Meanwhile, New York Republican Party Chairman Nick Langworthy pledged to sue last week as well and announced the Republican Party will partner with the state Conservative Party.

Paladino said he believes it’s a conflict of interest for Langworthy, as state chair, to use state party resources to sue while advancing his own campaign simultaneously.

Paladino said he would be willing to partner with the New York State Rifle and Pistol Association, which said it has been pulling together its own legal resources. NYSRPA President Tom King, in a statement, also said however, he is 100% behind the GOP-Conservative Party effort.

Governor Kathy Hochul released a statement in response to any potential legal action, which reads, “Governor Hochul signed landmark legislation to save lives and combat the gun violence epidemic by carefully regulating access to concealed weapons, protecting public safety while abiding by the Supreme Court’s ruling in the Bruen case. We have no further comment on pending litigation.”