Supreme Court Again Refuses to Halt New York Gun Restrictions

The Supreme Court on Jan. 18 turned away an emergency request from firearms dealers to halt a months-old New York New restrictions on gun sales and dealers were imposed by law. Dealers claim that this negatively affected sales and violated their right to due process.

This ruling comes amid rising challenges to gun laws in the country since June 2022, when the New York high court overturned previous New York guns regulations. In the same opinion, the court also held that there’s a constitutional right to carry a gun outside the home for self-defense, leading states such as New York and Illinois to respond by doubling down on firearms restrictions.

The new state law in question, New York’s sweeping Concealed Carry Improvement Act, has been hotly litigated in the federal courts since it was approved by lawmakers in Albany. The law went into effect Sept. 1, 2022. Some law enforcement officials in the state condemned it, claiming that it would be difficult for them to enforce and possibly unconstitutional. The New York State Sheriffs’ Association said the law was a “thoughtless, reactionary action.”

The Supreme Court in Gazzola, v. Hochul (court file 22A591) rejected the application and issued an unsigned ruling.pdf(January 18. The order was not rescinded by any justice.

In court papers, the dealers stated that (pdf() That the new law treats “state licensed dealers in firearms as if they are ‘a highly selective group inherently suspect of criminal activities.’” They said that they were “urgently [seeking] a preliminary injunction to keep their doors open, while fighting to restore their civil rights through this lawsuit.”

“Petitioners are risking everything to try to stay in business in support of civil rights under the Second, Fifth, and Fourteenth Amendments, and to keep the doors open and the lights on while they pursue this case, but we can’t seem to find a judge in district or circuit court who will back them up,” They spoke in the brief.

One of the dealers’ complaints was that New York was making what they characterized as an unprecedented demand that all federally licensed firearms dealers and New York state-licensed dealers “surrender their federal firearms compliance records” On pain of “incarceration and license revocation.”

“Until now, no federal, state, or municipal government in this country has attempted to grab the federal firearms compliance records of [a federal firearms dealer],” They agreed.

This decision was made after the Supreme Court refused to block New York’s law by a Jan. 11 ruling in Antonyuk. Nigrelli. The case was brought in New York by residents. Despite refusing to stop a ruling of the U.S. Court of Appeals 2nd Circuit reinstating the law, Justice Samuel Alito issued a statement, joined by Justice Clarence Thomas, suggesting this wasn’t the high court’s final word on the matter.

“The New York law at issue in this application presents novel and serious questions under both the First and the Second Amendments,” Alito wrote (pdf).

Justice encouraged the Second Amendment Advocates in the lawsuit are encouraged to fight the law.

“Applicants should not be deterred by today’s order from again seeking relief if the Second Circuit does not, within a reasonable time, provide an explanation for its stay order or expedite consideration of the appeal,” Alito wrote.

The 2nd Circuit stopped a Syracuse-based U.S. district judge Glenn Suddaby’s order on Jan. 11. He had blocked sections of the law in a Gun Owners of America case on Nov. 7, 2022. The law was imposed “unprecedented constitutional violations,” Suddaby wrote.

Suddaby required that carry applicants demonstrate the new requirement “good moral character” and produce the names and contact information of spouses and other adults in the applicant’s home. He blocked the rule that required applicants to submit social media accounts in order for government officials to review them.

Suddaby also recommended that you not carry in public parks, zoos or places of worship, areas where alcohol is served, theatres, banquet halls, conference rooms, airports, buses and other locations.

New York’s Concealed Carry Improvement Act was rushed through the state legislature in the summer of 2022 and signed by Democratic Gov. Kathy Hochul after the Supreme Court’s decision in New York State Rifle and Pistol Association v. Bruen invalidated the state’s requirement that a carry permit applicant demonstrate a special need for self-defense.

Hochul criticized the decision of the high court, calling it “unjustified”. “a reckless decision … senselessly sending us backward and putting the safety of our residents in jeopardy.”

The dealers’ attorney of record, Paloma Appolonia Capanna, didn’t respond to a request for comment by press time.

Letitia James, a Democrat and New York Attorney General, praised the Supreme Court’s ruling.

“Once again, the U.S. Supreme Court has decided to allow our state’s gun safety laws to remain in effect. We all see the heart-wrenching news from communities throughout New York state about the lives that are lost to senseless gun violence,” James said.

“We know that gun safety laws help save lives, and keep our state safer. My office will continue to work tirelessly to stand up for New York’s gun safety laws and we will use every tool at our disposal to protect New Yorkers.”