Supreme Court allows provisions of New York's new gun law to remain in place for now
WASHINGTON – The Supreme Court on Wednesday allowed key provisions of a new gun law in New York State to remain in effect for now over objections from gun owners who say the restrictions fly in the face of the Second Amendment.
New York Gov. Kathy Hochul, a Democrat, signed the law in response to another Supreme Court ruling in June that will make it far easier for many Americans to carry handguns in public. The law bans New Yorkers from carrying guns in certain "sensitive places," such as churches, parks and doctors' offices.
Several gun owners had filed an emergency request asking the Supreme Court to temporarily block enforcement of some provisions of the law. The court denied that request Wednesday without comment, as is often the case on its emergency docket.
Associate Justice Samuel Alito said in a separate statement that the New York law presents "novel and serious questions" and that his understanding is that the court's decision did not reflect "any view on the merits" of the questions raised by the lawsuit.
"Applicants should not be deterred by today's order from again seeking relief if the Second Circuit does not, within a reasonable time, provide an explanation for its stay order or expedite consideration of the appeal," Alito wrote in a statement joined by Associate Justice Clarence Thomas.
The outcome of the litigation has national implications because many states are expected to pass – or already have on the books – similar sensitive place restrictions. The Supreme Court's decision Wednesday means the law will remain in place while the broader constitutional issues are hashed out in lower federal courts.
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A U.S. District Court in October blocked significant portions of the law from taking effect, including the sensitive place designations and a provision requiring gun license applicants to demonstrate "good moral character." Last month, the U.S. Court of Appeals for the 2nd Circuit reversed course, allowing the law to remain in effect.
The New York law and others like it are a reaction to a Supreme Court opinion in a major Second Amendment case in June. The high court’s 6-3 conservative majority struck down a requirement adopted in a half dozen Democratic-led states that curbed who may obtain a license to carry a handgun in public. More than that, the court set a new legal standard that has inspired other challenges to gun restrictions under the Second Amendment.