New York's 'unconstitutional' concealed carry law to remain in effect pending review, appeals court rules

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An appeals court temporarily allowed New York to continue enforcing the recently enacted Concealed Carry Improvement Act while an appeal from the state’s attorney general makes its way through the courts. 

New York’s legislature passed the bill earlier this year after the Supreme Court struck down New York’s old laws for permits to carry handguns in public, which required that individuals show an unusual threat to their safety for a license. 

A federal judge ruled last week that some provisions of the new law are unconstitutional, specifically one that required applicants to turn over their social media information and a ban on carrying guns in certain public places, such as transportation systems and businesses that serve alcohol. 

A sign zip-tied to a utility pole at the intersection of East 47th St and Avenue of The Americas declares Times Square is a gun free zone, Tuesday Sept. 6, 2022.

A sign zip-tied to a utility pole at the intersection of East 47th St and Avenue of The Americas declares Times Square is a gun free zone, Tuesday Sept. 6, 2022.
(Karlo Pastrovic/Fox News Digital)

The U.S. Court of Appeals for the Second Circuit ruled Wednesday that the law can remain in effect while it makes its way through the appeal process. 

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“The interim administrative stay of the district court’s temporary restraining order is an important and appropriate step and affirms that the Concealed Carry Improvement Act will remain in effect during the appeals process,” New York Gov. Kathy Hochul said Wednesday. 

“My top priority will always be to keep New Yorkers safe, and we will continue working with the Office of the Attorney General to defend our gun safety laws.”

A New York Police Department Public Affairs officer sets up signs reading Gun Free Zone around Times Square, Wednesday, Aug. 31, 2022, in New York. 

A New York Police Department Public Affairs officer sets up signs reading Gun Free Zone around Times Square, Wednesday, Aug. 31, 2022, in New York. 
(AP Photo/Yuki Iwamura)

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The new law also requires background checks on all ammunition purchases, puts new requirements in place for storage of guns and requires people with concealed carry permits to get permission from a property owner before carrying a firearm on their premises. 

New York is one of six states that had its old gun laws thrown out by the Supreme Court earlier this year. 

The Associated Press contributed to this report. 



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