Supreme Court permits NY ammo background check to start tomorrow.
Supreme Court Justice Sonia Sotomayor Rejects Gun Shop Owners’ Plea to Block New York’s Background Check Law
In a blow to gun shop owners, Supreme Court Justice Sonia Sotomayor denied a request to halt New York’s background check law for ammunition purchases, just one day before it was set to take effect.
Husband-and-wife plaintiffs Nadine and Seth Gazzola, along with nine other gun shop owners, sought to challenge provisions of the Concealed Carry Improvement Act (CCIA) under the Empire State’s laws. These provisions included regulations that would require customers to pay for background checks for private gun sales, among other measures that the plaintiffs argued would severely impact their businesses.
The CCIA, signed into law by Governor Kathy Hochul in July, was a response to a previous Supreme Court ruling that struck down New York’s restrictive gun permit regime. The law aimed to implement new measures to improve concealed carry regulations.
Starting Wednesday, the law requires purchasers to pay for background checks when buying ammunition, with fees set at $2.50 for ammunition sales and $9 for guns. These fees will help fund the program overseen by the New York State Police Department.
While some provisions of the law have already been in effect since September 1, including the requirement for dealers to maintain records of gun purchases and sales, the ammunition sales background check requirement was the focus of the recent legal challenge.
This is not the first time the Gazzola family has sought relief from the Supreme Court. They previously requested injunctive relief on January 18, but their plea was denied. Prior to that, a federal trial judge and a federal appeals court also refused to block the CCIA provisions. Justice Sotomayor handles applications from the U.S. Court of Appeals for the 2nd Circuit, where the case originated.
The Gazzolas’ lawyer argued that the 2nd Circuit has yet to address five major lawsuits against the CCIA, which were consolidated for oral arguments on March 20. The lack of action from the 2nd Circuit prompted the gun shop owners to seek relief from the Supreme Court.
Justices Clarence Thomas and Samuel Alito had previously advised separate plaintiffs to return to the Supreme Court if the 2nd Circuit failed to provide an explanation for their stays of lower court orders related to the CCIA.
The Supreme Court receives thousands of applications each year but only grants a small number of cases. The case involving the Gazzolas is known as Gazzola v. Hochul.
Source: The Washington Examiner
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