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NY gun law paused again, this time by federal injunction

A gun control law passed by New York lawmakers earlier this year in the wake of a U.S. Supreme Court ruling has been put on hold again after a federal judge issued a preliminary injunction on Monday.

It’s the second time in roughly a month that U.S. District Judge Glenn Suddaby issued such an order in the case brought by six New York residents represented by Gun Owners of America.

On Oct. 6, Suddaby issued a temporary order blocking the Concealed Carry Improvement Act, but he also issued a stay at that time so the state could appeal the ruling to the 2nd U.S. Circuit Court of Appeals. The appellate court struck down the temporary order the following week.

In his ruling Monday, Suddaby did not include a stay pending an appeal. He again blocked provisions of the law that required applicants seeking a concealed carry permit to demonstrate “good moral character.” His order also prohibits the state from requesting applicants to supply information about their households or their current and former social media accounts. It also blocks the law from being enforced at churches, public parks, bars, theaters and other public places.

The state attorney general’s office is reviewing the order and considering options.

Suddaby did dismiss Democratic Gov. Kathy Hochul as a defendant in the case. Interim New York State Police Superintendent Steven Nigrelli is still listed as a defendant, as are officials from Albany, Onondaga, Oswego and Green counties.

In June, the U.S. Supreme Court, in the New York State Rifle & Pistol Association v. Bruen, struck down a New York law that required gun owners seeking a permit to carry a handgun to demonstrate a need to carry. On July 1, the Legislature passed the concealed carry act, which Hochul signed into law, and the law went into effect Sept. 1.

That led Ivan Antonyuk, Corey Johnson, Alfred Terrille, Joseph Mann, Leslie Leman and Lawrence Sloan to file a lawsuit in U.S. District Court for the Northern District of New York.

Erich Pratt, the senior vice president for the Gun Owners of America, hailed Suddaby’s ruling.

“Just like we warned politicians after the Bruen decision, fall in line, or we will force you to,” he said.

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