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New York’s concealed carry gun law partially reinstated by federal appeals court

A federal appeals court on Tuesday temporarily reinstated parts of New York’s new concealed carry law after a judge last week blocked some provisions that restrict the carrying of firearms in certain public spaces. 

The 2nd Circuit Court of Appeals issued the temporary injunction while a legal challenge filed by a Second Amendment-rights group makes its way through the courts.

“Defendants-Appellants seek a stay pending appeal, and an emergency interim stay, of the preliminary injunction issued by the district court on November 7, 2022,” Tuesday’s ruling states. “IT IS HEREBY ORDERED that a temporary stay is granted pending the panel’s consideration of the motion.”

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On Nov. 7, District Court Judge Glenn Suddaby said New York’s conceal carry law invoked “unprecedented constitutional violations” and granted a partial preliminary injunction in favor of Gun Owners of America (GOA), forcing the state to cease enforcement of parts of the law, which was signed by Gov. Kathy Hochul in July.

Suddaby ruled the state can still prevent people from carrying guns in Times Square, public playgrounds, libraries, nurseries and preschools. However, mental hospitals, places of worship, public parks, zoos, theaters, conference centers, protests and bars were no longer off limits for people with a concealed carry permit.

Tuesday’s ruling blocks Suddaby’s order.

“New York has once again defied the Constitution and the Supreme Court’s Bruen decision,” GOA Senior Vice President Erich Pratt said in response to Tuesday’s ruling. “And this brings us just one step closer to standing before SCOTUS, where we know that Justice Clarence Thomas is waiting to slap down NY lawbreakers once again!”

The GOA lawsuit came after the U.S. Supreme Court ruled earlier this year that a state law requiring citizens to show “proper cause” for self-defense to obtain a concealed carry permit was unconstitutional. New York lawmakers made changes to the concealed carry law after the decision. 

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