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Supreme Court Allows New York to Enforce Gun Control Law


— January 11, 2023

However, the case remains under active consideration in a U.S. District Court, which has already scrapped several of the law’s provisions.


The United States Supreme Court will allow New York to enforce a controversial gun control law that bans firearms from certain “sensitive places,” including schools, playgrounds and Times Square.

According to The Associated Press, the court declined an emergency request filed by Empire State gunowners, who asked the justices to overturn a federal appeals court ruling that allowed the law to remain in place.

The appeals court, notes The Associated Press, has yet to finish its review of the case.

Under most circumstances, the Supreme Court is reluctant to intervene in claims that remain pending or under consideration in other courts.

However, the justices may still assess the case and offer their opinion at a later date.

In a two-paragraph statement, Justice Samuel Alito said that the New York law “presents novel and serious questions.”

However, both Alito and his conservative colleague, Clarence Thomas, said they understood the court’s decision not to intervene as a matter of “respect” for the appeals court’s “procedures in managing its own docket, rather than expressing any view on the merits of the case.”

An early "third generation" Glock 17 (full-size pistol chambered for 9x19mm Parabellum), identified by the addition of thumb rests, an accessory rail, finger grooves on the front strap of the pistol grip and a single cross pin above the trigger. Image courtesy of Ken Lunde (own work), http://lundestudio.com, CC BY-SA 3.0, via Wikimedia Commons, no changes.
An early “third generation” Glock 17 (full-size pistol chambered for 9x19mm Parabellum), identified by the addition of thumb rests, an accessory rail, finger grooves on the front strap of the pistol grip and a single cross pin above the trigger. Image courtesy of Ken Lunde (own work), http://lundestudio.com, CC BY-SA 3.0, via Wikimedia Commons, no changes.

New York Gov. Kathy Hochul has since praised the Supreme Court’s decision to decline the case.

“I’m pleased that this Supreme Court order will allow us to continue enforcing the gun laws we put in place to do just that,” Hochul said. “We believe that these thoughtful, sensible regulations will help to prevent gun violence.”

The Associated Press reports that New York began reworking its gun control laws in June, after another Supreme Court ruling invalidated the state’s longstanding system granting permits to carry handguns outside the home.

In that ruling, the court said that Americans have a constitutional right to carry firearms for self-defense.

Earlier, New York firearm owners could only obtain permits to carry handguns outside the home if they could provide a compelling reason.

Legislators then passed a law expanding the eligibility for handgun permits, while increasing training requirements and requiring that prospective handgun owners share additional information, including a list of their active social media accounts.

Applicants for a handgun license, notes The Associated Press, must also demonstrate “good moral character.”

The law also defines and includes a list of so-called “sensitive places” wherein the possession of firearms is prohibited.

This list includes schools, playgrounds, places of worship, entertainment venues, places that serve alcohol, and Times Square in New York City.

While a U.S. District Court has already found that some elements of the revised law are either unconstitutional or illegal, a federal judge has allowed the state to continue its enforcement of the remaining portions.

Sources

Federal court rules against New York’s ban on guns in houses of worship amid pastor’s lawsuit

Supreme Court lets New York enforce gun law during lawsuit

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