December 9, 2023

Appeals Court Strikes Down Parts Of NY Gun Law

A federal appeals court on Dec. 8 did exactly what it should have done.

The panel struck down parts of an oppressive New York gun control law.

President Joe Biden is not going to like this one, because he loves gun control, and this ruling is consistent with the Second Amendment.

The law in question has been on the frontlines of Second Amendment legal battles following the U.S. Supreme Court's landmark gun-rights expansion just last year.

The 2nd U.S. Circuit Court of Appeals recently announced a ruling that blocked three provisions of New York's gun control law.

One of the law's provisions was a requirement that concealed carry permit applicants must disclose their social media accounts. It has now been removed.

Also removed was a provision that bans gun possession by default on private property and also "prevents the state from enforcing a gun possession ban at places of worship against a group of plaintiffs."

It had been anticipated for a few months that this court was going to rule like this, but this is not likely to be the last of the gun control debate we hear in America or New York in the near future.

"Our affirmance or vacatur of the district courts’ injunctions does not determine the ultimate constitutionality of the challenged CCIA provisions, which await further briefing, discovery, and historical analysis, both in these cases as they proceed and perhaps in other cases," the 2nd Circuit said.

In fact, some people predict that this particular disagreement could eventually reach the U.S. Supreme Court.

"The CCIA’s definition of ‘character’ is a proxy for dangerousness: whether the applicant, if licensed to carry a firearm, is likely to pose a danger to himself, others, or public safety," the three-judge panel continued.

"And there is widespread consensus (notwithstanding some disputes at the margins) that restrictions which prevent dangerous individuals from wielding lethal weapons are part of the nation’s tradition of firearm regulation," the decision continued. "We therefore cannot conclude that every denial on grounds of ‘good moral character’ as defined by New York will violate the Second Amendment, though various avenues lie open for as-applied challenges."

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