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Appeals court allows New York to keep enforcing new gun law

Guns New York
Mary Altaffer
/
AP
A traffic sign on the corner of 42nd Street and 6th Avenue announces Times Square as a gun free zone, Tuesday, Oct. 11, 2022, in New York. A federal appeals court panel said Wednesday, Dec. 7, New York can continue to enforce a new state law banning guns from "sensitive" places like parks and theaters while the judges consider a legal challenge.

A federal appeals court panel said New York can continue enforcing a new state law banning guns from “sensitive” places like parks and theaters while the judges consider a legal challenge.

The temporary stay from the 2nd U.S. Circuit Court of Appeals on Wednesday puts on hold most of a ruling last month from U.S. District Judge Glenn Suddaby, who found constitutional issues with multiple portions of the law related to carrying firearms in public places and to licensing requirements.

New York adopted the new gun law this summer after a Supreme Court ruling invalidated the state’s system for granting permits to carry handguns outside the home. The law expanded who could get a handgun license, added new licensing requirements and created a long list of places where firearms would be banned.

Suddaby in November issued a preliminary injunction halting the state police and local officials named in the lawsuit from enforcing some provisions of the law. The appeals panel on Wednesday continued a stay put in place a week after Suddaby’s ruling while it considers a motion from government officials opposing the injunction.

The panel’s decision makes an exception for people who have the “duty to keep the peace at places of worship, airports, and private buses.”

Among the new licensing rules Suddaby found constitutionally flawed was a provision requiring applicants to be of “good moral character,” and another that made applicants turn over information about their social media accounts.

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