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Federal Judge Blocks N.Y. Gun Law,

Finding Much of It Unconstitutional
The order, issued by Judge Glenn T. Suddaby, found that the
state’s new restrictions on carrying guns in public trampled on the
rights of New Yorkers.

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The state’s new gun law, passed this summer, imposed elaborate restrictions on the
carrying of weapons in “sensitive places,” including Times Square. Michael M.
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By Jonah E. Bromwich

Oct. 6, 2022

A federal judge on Thursday blocked large portions of a new New

York gun law, jeopardizing a measure that was passed just three
months earlier and underscoring the difficulty that states may face
in restricting the public carrying of firearms after a major Supreme
Court ruling in June.

In a 53-page order , the judge, Glenn T. Suddaby of the Northern

District, said he would block the state from enforcing several
provisions, writing that New York’s attempts to bar guns in a
number of places deemed “sensitive” — including museums,
theaters, stadiums, Times Square, libraries, places offering
services to children and anywhere alcohol is served — appeared
impermissible. He based his decision on the June ruling, which
struck down a restrictive law that had stood for more than a
century.

The judge agreed to a three-business-day delay of his order,

pending an emergency appeal to the U.S. Court of Appeals for the
Second Circuit. That panel could take the issue up and grant a
significantly longer stay. If it does not, the order will take effect.

The ruling dealt a sharp blow to New York, which had sought to
provide a model for new gun legislation for the five other states
whose laws were invalidated by the Supreme Court’s June ruling —
in part by outlining how those “sensitive places,” where the court
said it was permissible for states to bar guns, can be defined.

But the breadth and severity of Judge Suddaby’s decision

illustrated how the justices had redrawn longstanding battle lines
in the debate over the Second Amendment, giving a significant
advantage to those who seek to carry guns in public and leaving
many broad questions to be decided in lower courts.

“This opinion is a signal to all the states enacting gun laws that the
chances of those laws surviving in court are slim,” said Adam
Winkler, a law professor at the University of California, Los
Angeles, who specializes in constitutional law and gun policy. “It’s
really a signal that courts are prepared to strike down many more
gun laws than ever before.”

He added: “A case like this, even if it’s not the final word,
encourages people across the country to challenge gun laws in
search of a similar victory.”

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New York authorities blasted Judge Suddaby’s ruling. In a

statement, Gov. Kathy Hochul said that it was “deeply
disappointing that the judge wants to limit my ability to keep New
Yorkers safe and to prevent more senseless gun violence.” Mayor
Eric Adams of New York City said that the order would make “it
harder for us to protect New Yorkers.” And the state’s attorney
general, Letitia James, pledged to appeal.

“Common-sense gun control regulations help save lives,” she said

in a statement. “I will not back down from the fight to protect New
Yorkers from repeated and baseless attacks on our state’s gun
safety measures.”

Erich Pratt, the senior vice president of Gun Owners of America,

an organization to which all the plaintiffs belong, said in a
statement that Ms. Hochul and Mr. Adams had “lied and
misrepresented the Second Amendment to the courts, putting New
Yorkers at a great disadvantage in the midst of rising crime.”

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If the Second Circuit does allow New York’s gun law to remain in
place, a spokesman for Gun Owners of America said that the group
would consider an immediate appeal to the U.S. Supreme Court.

Judge Suddaby’s order continued a trying year for New York as it

has sought to maintain some of the country’s most restrictive gun
regulations. In June, after the Supreme Court, in the case called
New York State Rifle & Pistol Association v. Bruen, struck down
the state’s century-old law barring most people from publicly
carrying guns, the state passed a new measure in an emergency
session in Albany. Lawmakers placed lengthy and elaborate
restrictions on the public carry of weapons and included a long list
of sensitive locations from which they would be barred entirely.

The law was almost immediately challenged by Ivan Antonyuk, a

New Yorker and a member of Gun Owners of America, but was
dismissed by Judge Suddaby, who found that Mr. Antonyuk alone
did not have legal standing.

However, in that ruling, the judge made his opinion of the

arguments themselves clear, in a section he titled “substantial
likelihood of success on the merits,” noting that several provisions
of the new New York law were most likely impermissible.

Less than a month later, six members of Gun Owners of America,

including Mr. Antonyuk, filed a new complaint. Judge Suddaby was
ready with his ruling within little more than two weeks. He called
the imposition of a “good moral character” test “fatally flawed.” He
said of a requirement asking gun permit applicants to list three
years’ worth of social media accounts: “No such circumstances
exist under which this provision would be valid.”

He was particularly harsh in regard to New York’s list of sensitive

locations. For the most part, Judge Suddaby found that many of
those restrictions were likely to be impermissible. As mandated by
the Supreme Court, his analysis depended primarily on comparing
the new restrictions with laws that regulated guns in 18th and 19th
centuries; he found few laws that established precedent for barring
guns in the places the state put off limits.

“Bruen requires modern-day gun laws responding to modern-day

problems to be evaluated on the basis of 18th- or 19th-century
regulations, which were passed at the time that modern- day
problems would have been unimaginable,” said Eric Ruben, a law
professor at Southern Methodist University in Dallas who
specializes in gun regulation. “This opinion shows how that
approach might lead to outcomes that defy common sense.”

Andrew Willinger, the executive director for the Duke Center for
Firearms Law in North Carolina, said that the historical analysis
had been relatively limited; for example, he pointed toward Judge
Suddaby’s remark that he could not find a historical statute that
prohibited guns at “summer camps” — therefore, that restriction
was blocked.

Judge Suddaby also took exception to part of the law that restricts
the carrying of guns on private property unless the owner
explicitly allows them to be carried, saying that there was no
historical analogy.

He did let portions of the law stand, including the 18 hours of

training required of permit applicants, and the barring of guns
from government buildings, schools and places of worship.

But overall, Judge Suddaby, a former prosecutor who was

appointed to the court in 2008 by President George W. Bush, said
that since the Supreme Court ruling, it had not become easier to
obtain a permit to carry guns in New York and that instead, the
state had “entrenched itself as a shall-not-issue jurisdiction.” By
doing so, he wrote, the state had “further reduced a first-class
constitutional right” transforming it “into a mere request.”

Mr. Winkler said that he expected the Second Circuit to take up the
case and to grant a stay.

“Generally, courts tend to grant stays to keep the law as it is at the

time of litigation rather than changing the law temporarily, only to
find that the original law was permissible,” he said.

Representatives for the Democratic majorities in the State Senate

and Assembly said that they were reviewing the ruling. The State
Senate’s Republican leader, Rob Ortt, called the decision “a victory
for the constitutional rights of all New Yorkers.”

Grace Ashford contributed reporting.

Jonah E. Bromwich covers criminal justice in New York, with a focus on the Manhattan
district attorney's office, state criminal courts in Manhattan and New York City's jails.
@ jonesieman
A version of this article appears in print on Oct. 7, 2022 , Section A , Page 19 of the New York edition with the headline:
Judge Blocks New York Gun Law, Citing Issues With Restrictions . Order Reprints | Today’s Paper | Subscribe

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