By: Friedrich Seiltgen
Copyright © 2022
Federal Judge Glenn Suddaby of the U.S. District Court in Syracuse, NY issued a temporary injunction against parts of Governor Kathy Hochul’s gun ban.
Judge Suddaby issued the stay in order to give six members of Gun Owners of America time to file a lawsuit against the law.
A number of new gun laws took effect on September 1st after the U.S. Supreme Court struck down concealed carry law over the summer. Instead of accepting the decision and actually following the U.S. Constitution, the New York assembly doubled down and quickly passed more unconstitutional gun laws.
A new law, called the Constitutional Carry Improvement Act, included a new requirement that gun owners must now submit their social media accounts for review to obtain a firearms license. A second part of the new law created a list of public and private places where carrying a weapon was now forbidden even for license holders.
Here are some excerpts from Judge Suddaby’s 53-page decision:
“Simply stated, instead of moving toward becoming a shall-issue jurisdiction, New York State has further entrenched itself as a shall-not-issue jurisdiction.”
Setting aside the subjective nature of these assessments, shouldering an applicant with the burden of showing that he or she is of such ‘good moral character’ (in the face of a de facto presumption that he or she is not) is akin to shouldering an applicant with the burden of showing that he or she has a special need for self-protection distinguishable from that of the general community”
The Judge said that the restraining order would not take effect for three business days, allowing the state to file an appeal, and New York Attorney General Letitia James said her office plans to appeal the decision.
That’s all for now folks! Please keep sending in your questions, tips, and article ideas. And as always – “Let’s Be Careful Out There.”
Friedrich Seiltgen is a retired Master Police Officer with 20 years of service with the Orlando Police Department. He conducts training in Lone Wolf Terrorism Counterstrategies, Firearms, and Active Shooter Response. His writing has appeared in RECOIL, www.floridajolt.com, The Counterterrorist Magazine, American Thinker, Soldier of Fortune, Homeland Security Today, and The Journal of Counterterrorism & Homeland Security International. Contact him at [email protected].