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Judge Issues Restraining Order Against NY’s New Gun Controls

On Thursday U.S. District Judge Glenn T. Suddaby issued a temporary restraining order against portions of New York’s newest gun controls, including the requirement that concealed carry permit applicants have their social media scoured.

The decision centered on the Concealed Carry Improvement Act (CCIA), which New York Democrats passed and Gov. Kathy Hochul (D) signed in response to the Supreme Court of the United States’ NYSRPA v. Bruen ruling (2022).

The Associated Press noted that the CCIA replaced proper cause with a requirement that concealed permit applicants show they possess “the essential character, temperament and judgement necessary to be entrusted with a weapon and to use it only in a manner that does not endanger oneself and others.”

Breitbart News reported that CCIA also included a requirement that the state scour social media accounts of would-be concealed carriers, among other things.

Judge Suddaby issued a temporary restraining order against the character test, ruling against:

. . . the provisions contained in Section 1 of the CCIA requiring “good moral character” EXCEPT to the extent it is construed to mean that a license shall be issued or renewed except for an applicant who has been found, by a preponderance of the evidence based on his or her conduct, to not have “good moral character,” which is defined as “having the essential character, temperament and judgment necessary . . . to use [the weapon entrusted to the applicant] only in a manner that does not endanger oneself or others, other than in self-defense.

His temporary restraining order also halts the requirement that a concealed carry permit holder “meet in person with the licensing officer for an interview” and the requirement that applicants hand over “a list of former and current social media accounts of the applicant from the past three years.”

Numerous other aspects of the CCIA were temporarily restrained as well.

Rep. Elise Stefanik (R-NY) released a statement in response to Judge Suddaby’s ruling:

Since the beginning, I have stood up against Hochul’s shameful attempt to shred our Constitution when she doubled down on her unconstitutional gun ban even after the United States Supreme Court struck it down. Her direct attack on our Upstate Values has wrongfully declared historical reenactors and lawful gun owners in the Adirondack Park as felons and ended gun show fundraisers for first responders in my district. This must come to an end now. Just as I proudly supported New Yorkers’ successful challenge to New York’s concealed carry ban in the Supreme Court, I am committed to ensuring Corrupt Kathy Hochul’s unconstitutional law is struck down in the Supreme Court. I will continue to bring the concerns of patriots in Upstate New York and the North Country to the highest levels, defend hardworking families, and fight for our Constitutional right to bear arms.

The case is Antonyuk v. Hochul, No. 1:22-CV-0986 in U.S. District Court for the Northern District of New York.

READ 5 COMMENTS
  • Clarke says:

    Hopeless Hochul has to be dumbest, most clueless looking airhead ever.

  • Chris says:

    As usual, they do their best to punish the law abiding gun owners and turn a blind eye to the criminal element that run rampant causing mass shootings.

  • Louis Galmarini says:

    The 2nd Amendment was the result of a GOD-GIVEN RIGHT to self-preservation and the continuation of life. It is a by-product, secondary to this right given to every man, woman, and child of the United States of America. There is NO federal or state law, NO County or City ordinance, NO Township bylaw, no company or government ‘policy’, nor door signs or other limitations/barriers of any kind, nor ANY person in ‘authority’, (including local, state, and/or federal officials, [and which also includes the President of the United States]), who/which can infringe upon this right of AN AMERICAN CITIZEN, to own and/or carry ANY type, or amount of weapon(s), anywhere – PERIOD.

    That’s what ‘SHALL NOT BE INFRINGED’ means.
    It is not an implied suggestion. It’s not an inferred advisement. It is a mandated INALIENABLE right, given by God, and inspired to those who conceived, approved, and facilitated the 2nd Amendment. Therefore, according to the LETTER OF THE LAW, MANDATED IN THE CONSTITUTION, it is a CONSTITUTIONALLY ILLEGAL act to deter or deny this GOD-GIVEN right to ANY American citizen.

    Anyone who doesn’t understand this needs to get educated in fundamental Constitutional Law (101)…

    Therefore, if/when I want to procure a firearm, I will procure a firearm. I will NOT need a license. I will NOT need a registration, I will NOT need a permit, and I certainly will NOT need anyone’s permission. DID YOU HEAR THAT DOJ/Gestapo?! When you come for me – BE PREPARED TO DIE…

  • WapitiHunter says:

    Idiots all of them.

  • WapitiHunter says:

    Idiots all of them

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