SCOTUS shoots down appeal of NY concealed carry restriction ruling, allowing gun law to still be enforced

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The Supreme Court announced Wednesday that it would not entertain an injunction from New York gun store owners who were challenging the state’s new restrictions on the concealed carrying of firearms.

In a one-sentence order, the court said it would not put enforcement of the law on hold, following its ruling last week that the restrictions can remain in place while litigation over the law moves forward.

‘The application for writ of injunction presented to Justice Sotomayor and by her referred to the Court is denied,’ the court said in its order. None of the justices dissented.

New York’s law, the Concealed Carry Improvement Act, makes it a felony to possess a gun in ‘sensitive areas’ like stadiums, houses of worship, museums, parks and public transit. It also requires people to undergo certain training in order to have a license.

The prohibition against possessing a concealed firearm in a park is part of criticism leveled by Rep. Elise Stefanik, R-N.Y., against N.Y. Gov. Kathy Hochul.

‘Kathy Hochul’s gun grabbing agenda that classifies lawful gun owners in the Adirondack Park as felons is UNCONSTITUTIONAL. I am committed to bringing this all the way to the Supreme Court on behalf of the #2A rights of New Yorkers,’ Stefanik tweeted Wednesday.

Stefanik and fellow New York Republican Reps. Claudia Tenney and Nick Langworthy reintroduced a House resolution along with Rep. Darrell Issa, R-Calif., calling New York’s current law unconstitutional. 

‘All States should pass legislation supporting Second Amendment rights instead of trying to restrict or undermine Americans’ constitutional rights,’ the resolution says.

During oral arguments over the state’s previous law in November 2021, the justices appeared to accept the state’s argument for continued individualized discretion to enforce ‘sensitive place’ weapon restrictions. Such a concept, however, was not an issue in that case. When the court ruled last week that it would not temporarily block the new law, conservative Justices Clarence Thomas and Samuel Alito noted in a statement that the current case involves issues that have not been explored before.

‘The New York law at issue in this application presents novel and serious questions under both the First and the Second Amendments,’ the statement said.

Fox News’s Shannon Bream and Bill Mears contributed to this report.

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