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SCOTUS declines to take up New York gun law appeal

(The Center Square) — The U.S. Supreme Court has declined to take up a legal challenge to New York’s sweeping 2022 gun control law, which sets limits on who can get concealed carry permits.

A lawsuit filed by New York gun owners challenges the state’s restrictions barring gun owners from carrying weapons in parks, bars and other “sensitive” locations and requiring them to demonstrate “good moral character” to get a gun permit. Second Amendment groups argued the restrictions set a “de-facto ban” on carrying firearms in public and are preempted by federal law.

The high court’s decision not to take up the appeal upholds an October 2023 ruling by the 2nd U.S. Circuit Court of Appeals, which had reversed a lower federal court decision that gutted the law. The three-judge appeals panel said the restrictions were consistent with the country’s history of regulating firearms. The plaintiffs filed a writ of certiorari asking justices to overturn the ruling.

However, on Monday, the justices rejected the plaintiff’s request to take up the case without comment, per the high court’s practice.

A law signed by Gov. Kathy Hochul in July 2022 sought to close “loopholes” in private gun sales by tightening firearm licensing and sales rules to make it harder to purchase a gun. It also defined private properties as “restricted” areas where carrying a gun is illegal.

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The Concealed Carry Improvement Act also requires applicants to provide character references, contact information of family members and information about their social media accounts.

The changes were approved in response to the Supreme Court’s landmark decision in the N.Y. State Rifle and Pistol Association v. Bruen case, which struck down a New York law requiring applicants to show “proper cause” to get a permit to carry a firearm.

The Bruen ruling prompted New York and other Democrat-led states to tighten their gun laws to further restrict firearm carrying, which spurred other legal challenges from Second Amendment groups. However, plaintiffs in the legal challenge argued that New York’s update to the concealed carry law is an attempted end run around the Bruen decision.

Hochul praised the Supreme Court’s decision not to take up the appeal, saying it ensures that the “core tenants” of the “crucial legislation” will remain in effect.

“New York’s strong gun safety laws save lives, and gun violence has declined by 53 percent since a pandemic-era peak,” the Democrat said in a statement. “Public safety will always be my top priority, and I’ll continue fighting to keep New Yorkers safe.”

Last week, Hochul signed several new gun control bills into law, including one that will require debit and credit card providers to code transactions at gun stores and other retail establishments that sell firearms and ammunition.

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While no legal challenges have been filed yet, Second Amendment groups criticized Hochul’s latest efforts to tighten gun control laws, arguing that crime is still rampant in the Empire State despite its tough restrictions.

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