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Stay issued in New York’s concealed carry lawsuit

November 16, 2022

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ALBANY, N.Y. (NEWS 10)– New York’s new concealed carry laws remain in effect without restrictions now that a stay has been issued by the U.S. Court of Appeals Second Circuit.

New York’s new concealed carry laws require 18 hours of in-person and live fire training to get a license and a list of social media accounts of the applicant. In addition, there are now sensitive locations where a person cannot carry a gun such as schools, healthcare facilities, and park playgrounds.

The laws went into effect in September. Gun owners of America say they are unconstitutional and filed a lawsuit against the state.

A U.S. District Court judge struck down some of the provisions. The state immediately appealed and on Tuesday, a higher court issued a stay to keep the provisions that were struck down in effect as the appeals process continues.

“The second circuit court of appeals, which was above that, shot down the judge’s injunction which basically said no, the State of New York can enforce those provisions, so that’s kind of where we are at now,” explained Derrick Hogan, partner at Tully Rinckey.

Hogan said he wouldn’t be surprised if the case makes its way up to highest court in the county.

“It’s still probably ongoing and eventually this could become a hot button issue and eventually make its way to the Supreme Court. That’s not guaranteed, but considering the second amendment being a hot button issue, in this country, I think it could one day make it to the Supreme Court.”

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