Group of New York sheriffs say they will not aggressively enforce new gun control law that 'unfairly targets law-abiding citizens'



As the state of New York appeals a court decision blocking its sweeping new gun control law, a group of sheriffs say the law unfairly targets law-abiding citizens and that they won't aggressively enforce it.

The controversial Concealed Carry Improvement Act restricts licensed gun owners from carrying concealed weapons in so-called "sensitive locations," including public parks, houses of worship, government buildings, and private property except where the owners have posted signage permitting firearms on the premises. U.S. District Judge Glenn Suddaby temporarily blocked the law from taking effect on Oct. 6, ruling that these restrictions and other licensing requirements established by the state legislature were unconstitutional.

A half-dozen sheriffs agree and say they will exercise their discretion in enforcing the law, including Fulton County Sheriff Richard Giardino, who spoke to "Fox & Friends" Tuesday morning.

Giardino said his office will focus on criminals possessing weapons instead of pursuing complaints against otherwise law-abiding gun owners carrying concealed in public.

"We’re going to use our discretion to not go on complaints that say, ‘Oh, my neighbor has a bulge on his side, we think he's got a gun, he’s in a store,’" he said.

"We have limited resources. We have limited money and we're going to use that in the best capacity," the sheriff explained. "So it's not refusing to enforce it, it's using our discretion."

He added, "It unfairly targets law-abiding citizens who previously could carry concealed and could go into a store or a restaurant. And then on September 1, all of a sudden, they could be charged with a felony."

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Several parts of the Concealed Carry Improvement Act were declared unconstitutional after gun rights advocates brought a case against New York State earlier this year. Judge Suddaby found that the state's definition of "sensitive locations" where concealed-carry permit holders cannot take their weapons was too broad.

Additionally, requirements that permit applicants demonstrate "good moral character" and turn over their social media history to the state licensing agency were found to be unlawful.

New York Attorney General Letitia James filed an appeal on Monday asking the state's highest court to issue a stay against Suddaby's injunction, which would go into effect on Wednesday.

“Today my office filed a motion to keep the entire Concealed Carry Improvement Act in effect and continue to protect communities as the appeals process moves forward. This common-sense gun control legislation is critical in our state’s effort to reduce gun violence,” James said in a statement.

The filing claimed public safety would be at risk if the law is not permitted to go into effect.

The gun rights group representing the plaintiffs blasted the state's appeal.

“Not surprisingly, the anti-gunners in New York appear hellbent on wasting taxpayer dollars to continue defending their patently unconstitutional gun control law. We will continue to fight back, until those in Albany recognize that their citizens’ rights shall not be infringed,” said Erich Pratt, senior vice president of Gun Owners of America.

Federal judge declares major parts of sweeping New York gun control law unconstitutional



A federal judge in New York has struck down major parts of the state's sweeping gun control law as unconstitutional.

U.S. District Judge Glenn Suddaby on Thursday ruled that new requirements for background checks for gun permits — including a controversial provision requiring applicants to disclose their social media history — cannot be enforced. Other restrictions on carrying firearms in so-called "sensitive locations" on public and private properties were also declared unconstitutional.

Suddaby delayed the implementation of his decision by three business days to give the state time to appeal, the Post-Standard reported.

The judge has issued a temporary restraining order that would block six provisions of the law, called the Concealed Carry Improvement Act. Four of those provisions are related to requirements to apply for or renew a license for concealed carry.

The first provision declared unconstitutional was a requirement that concealed carry license applicants provide evidence that demonstrates they have "good moral character." Suddaby said that the burden of proof lies on the state licensing agency to show that an applicant does not have "good moral character."

Suddaby's decision also said that the state cannot require applicants to meet in person with the licensing officer, disclose the names and contact information of all adults residing in their homes, or provide a list of all current and former social media accounts from the past three years, the Post-Standard reported.

The judge also said the law's definition of a "sensitive location" where guns are impermissible is unconstitutionally broad. De facto gun-free zones can only be enforced in government administrative buildings, polling places, public areas restricted to general access for special events through permits, or any public or private educational facilities, Suddaby wrote.

The ruling also clarified that while guns remain banned in houses of worship, individuals tasked with providing security are permitted to carry firearms within.

Suddaby had previously said parts of the law were unconstitutional but had permitted the law to go into effect last month when he found that gun rights groups who sued New York state lacked standing to do so.

Democratic lawmakers rushed to pass the Concealed Carry Improvement Act in July after the U.S. Supreme Court struck down a century-old New York law requiring gun owners to show "proper cause" to carry a concealed weapon outside their homes. The high court said the law was unconstitutional in a rule that effectively ended "may issue" concealed carry license regimes, guaranteeing that states "shall issue" concealed carry licenses to firearms owners who apply for them.

Democrats decried the decision, and Gov. Kathy Hochul (D) vowed to enact a new gun control law that would "go right up to the line" in terms of what is legally permissible.

The result was the strictest gun control law in the nation, one that banned firearms in all public parks with few exceptions, airports, houses of worship, government buildings, and all private property except where the owners have posted signage permitting lawful gun owners to carry their weapons.

Confusion over the poorly written and broad language of the law irritated hunters in upstate New York, where they were banned from carrying guns in bear country. The gun restrictions also led to sporting events and even Civil War reenactments being canceled for fear of participants committing a felony.

Gun rights groups celebrated Suddaby's decision.

“Anti-gunners like Kathy Hochul and Eric Adams lied and misrepresented the Second Amendment to the courts, putting New Yorkers at a great disadvantage in the midst of rising crime," said Erich Pratt, the senior vice president of Gun Owners of America. "We are grateful to Judge Suddaby for his quick action to restore the right of the people to keep and bear arms. Once the TRO goes into effect, GOA encourages New Yorkers to exercise their rights and to defend themselves and the ones they love.”

Civil War reenactment canceled because of New York's sweeping gun control law



An annual Civil War reenactment held in the small town of Angelica, in the western part of New York, has been canceled this year because of the state's sweeping new gun law.

Organizers of the 19th annual Angelica Civil War Reenactment, which was founded by a Boy Scout troop nearly 20 years ago, said they cannot put on the event this year or in the foreseeable future because it would be a felony to possess black powder firearms in public, even if they aren't loaded, under the gun control regime enacted by Democratic lawmakers.

"The new firearms law passed by the State of New York and effective September 1st changed more than the handgun permit requirements. Also added are prohibitions against possession of many types of firearms in 'sensitive locations' which include streets, sidewalks, parks and most public locations," the event organizers posted on Facebook on Sept. 4.

"Black powder weapons are not excepted from this ban. Possession of a firearm in public is now a felony," the group said.

"After obtaining a legal opinion, it was determined that we could not continue with holding the event this year. Participants could be subject to arrest. So the event is canceled this year. If the law is modified or overturned we hope to return in the future."

Under the law signed by Gov. Kathy Hochul (D) on July 1, so-called "sensitive areas" include all public parks with few exceptions, airports, houses of worship, government buildings, and all private property except where the owners have posted signage permitting lawful gun owners to carry their firearms. There are limited exemptions for current and retired law enforcement, peace officers, licensed security guards, active-duty military personnel, hunters, and some government employees.

The statute is broad and does not contain exemptions for ceremonial purposes, like Memorial Day or Veterans Day parades, or historical demonstrations like Civil War reenactments.

The Allegheny Highlands Council of Scouts BSA, which helps run the event, has offered refunds to the scouts and families who had registered to participate, the Olean Times Herald reported.

State Sen. George Borrello (R), who represents the southwestern corner of New York, ripped the gun control law in a statement to the paper.

“This is what happens when you draft legislation designed to punish people you perceive as your enemies without thinking of the consequences,” Borrello said. “It’s symbolic of the total dysfunction one-party rule has created in Albany. For nearly 20 years the Angelica Civil War Reenactment has entertained and educated school children and adults about the pivotal role our region had in preserving the Union and ending slavery.

“Every year the event draws hundreds of Civil War reenactors and thousands of spectators to Angelica. Now, due to Gov. Hochul’s misnamed, misguided and unconstitutional ‘Concealed Carry Improvement Act’ the reenactment is canceled.

“This law does nothing to protect New Yorkers from the scourge of gun violence that’s swept across our state since the majority in the Legislature and former Gov. Cuomo ended cash bail for most criminal offenses,” Borrello said. “Rather, it is aimed squarely at punishing law-aiding gun owners. Here is the proof.”

TheBlaze reached out to Gov. Hochul's press office and New York Attorney General Letitia James for comment but was not answered.

Breaking: Supreme Court strikes down New York gun control law in major gun rights victory



The U.S. Supreme Court on Thursday struck down a New York state gun control law that required gun owners seeking a license to carry a concealed handgun to demonstrate a "proper cause" to do so.

In a 6-3 ruling, the Court reversed a lower court decision upholding the law and delivered the most significant victory for gun rights in more than a decade.

New York's state law required people who want to carry concealed handguns outside their homes to show a "proper cause" for having a license to do so. State courts had ruled that gun owners needed to show more than a general desire for protection in order to obtain a concealed carry license; they could not just claim they wanted it for self-defense.

The Supreme Court declared New York's law unconstitutional on 14th Amendment grounds, saying that New York prevented law-abiding citizens with ordinary self-defense needs from exercising their Second Amendment right to keep and bear arms.

Justice Clarence Thomas delivered the majority opinion for the court, writing, "The constitutional right to bear ams in public for self-defense is not 'a second-class right, subject to an entirely different body of rules than the other Bill of Rights guarantees.'"

"We know of no other constitutional right that an individual may exercise only after demonstrating to government officers some special need," Thomas wrote. "That is not how the First Amendment works when it comes to unpopular speech or the free exercise of religion. It is not how the Sixth Amendment works when it comes to a defendant's right to confront the witnesses against him. And it is not how the Second Amendment works when t comes to public carry for self-defense."

The three liberal justices dissented.