Judge Dismisses New York Carry Ban, Warns of Supreme Court Overturn
Federal judge dismisses New York’s ‘sensitive places’ law, citing potential Supreme Court reversal.
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A federal judge has dismissed a key portion of New York’s ‘sensitive places’ law, suggesting it may not survive Supreme Court scrutiny. In a ruling issued Wednesday, Senior United States District Judge Glenn T. Suddaby of the Northern District of New York, a George W. Bush appointee, struck down the state’s restriction on carrying firearms in unsecured areas of airports, stating he doubted the law would withstand Supreme Court review.
Law Passed After Bruen Decision
New York’s ‘sensitive places’ law was enacted in the wake of the June 2022 Bruen decision, which ruled that discretionary issuance of concealed carry permits was unconstitutional under the Second Amendment. In his ruling, Suddaby noted that the challenged provisions of the law do not exist in isolation but are part of a broader network of restrictions on concealed carry, raising concerns about the law’s constitutionality.
Supreme Court Precedents Raise Concerns
Suddaby wrote that the Court must consider the possibility that certain rulings from the Second Circuit in Antonyuk II may be overruled by the Supreme Court due to recent decisions like Rahimi, Hemani, and Wolford. He emphasized that the CCIA, which bans concealed carry in numerous discrete locations, may be seen as a near-total ban on firearm carriage, which could conflict with the Supreme Court’s interpretation of the Second Amendment.
Wolford Case Influences Ruling
In June, the Supreme Court ruled in Wolford v. Lopez that Hawaii’s law requiring private property owners to post signs allowing concealed carry was unconstitutional. This case, similar to New York’s ‘sensitive places’ statute, was passed after the Bruen decision. Suddaby acknowledged that while some restrictions were upheld, he believed they might still face challenges under the Supreme Court’s evolving standards.
Uncertain Future for New York’s Law
Suddaby concluded that while the Second Circuit’s rulings in Antonyuk II are to be followed unless they are ‘almost inevitably’ overruled by the Supreme Court, the current legal landscape suggests that New York’s law may not survive a higher court review. This ruling highlights the ongoing tension between state gun control measures and the Second Amendment, as the Supreme Court continues to shape the legal landscape for concealed carry laws across the country.
Source: Daily Caller
