- The Washington Times - Thursday, September 1, 2022

A federal judge has refused to halt New York’s new concealed carry law, saying those challenging the gun control legislation passed in July do not have sufficient injury to bring their lawsuit.

With some provisions of the law set to take effect as soon as Thursday, Judge Glenn Thomas Suddaby, a George W. Bush appointee, said Ivan Antonyuk, the plaintiff, has not shown he will violate the state’s new concealed carry law, reasoning he did not have standing — or a legal injury — to get him into the court battle.

Similarly, the judge also said gun rights groups that joined the litigation also did not show they represent enough members who have been harmed by the law.



Judge Suddaby did, however, note that if the plaintiffs were able to show a sufficient injury, he would have granted their request, suggesting he agrees with their argument that the law could face a serious review in the courts.

The judge added that a concealed carry license provides safety for elderly individuals, disabled people and those who work late at night.

“It is this consideration, the court finds, that would tip the scales in favor of granting Plaintiffs’ motion, if they had standing,” he wrote.

New York legislators passed the Concealed Carry Improvement Act on July 1 — just days after the Supreme Court struck down the state’s prior licensing scheme on June 23.

The high court in its June ruling found that laws in New York — and five other states — that required individuals to show proper cause to obtain a concealed carry license ran afoul of the Second Amendment right to bear arms.

New York’s revamped new law, however, also imposes restrictions on gun ownership. It requires an individual to show good moral character, provide character witnesses, and links to social media accounts for review when applying.

It also details a long list of sensitive places where carrying a firearm would be unlawful, sparking gun rights activists to say it effectively makes it almost impossible to legally carry a firearm anywhere in the state despite getting a license.

Erich Pratt, senior vice president of Gun Owners of America, one of the groups involved in the lawsuit, said his organization will continue the fight to roll back the new legislation.

“Despite the judge’s dismissal of the complaint, his opinion contains a silver lining for New Yorkers and the nation, as the robust precedent laid out by the Supreme Court in June is clearly making headway. GOA looks forward to continuing the fight against clear violations of the Second Amendment, as we work to restore the rights of all Americans,” he said.

Across the country, another blue state’s attempt to revamp its gun laws in the wake of the Supreme Court rulings went by the boards as California lawmakers failed early Thursday to replace struck-down limits on carrying concealed weapons, the Associated Press reported. A measure that would have enacted more than three dozen new restrictions failed by one vote as lawmakers adjourned.

State Democrats said they will reintroduce the legislation on the day lawmakers reconvene in Sacramento in December after November’s midterm elections.

This story is based in part on wire service reports.

• Alex Swoyer can be reached at aswoyer@washingtontimes.com.

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