Balancing an American’s Second Amendment right to bear arms with a citizen’s right to life, liberty, and the pursuit of happiness is a tricky thing for a government to do. It’s no wonder, then, that the state of gun laws across the nation always seem to be in an uncertain state.
To further prove this point, consider how a federal judge in New York has just decided to halt a new gun law that aimed at restricting both firearm purchases and public carry laws. According to the recent ruling, the state’s new laws, which were only passed this year, are unconstitutional.
Learn more about this latest change below.
New Gun Laws in New York
While new laws in New York were just passed this year, six gun owners pursued a lawsuit against the state claiming that the laws violate their Constitutional rights. The Plaintiffs all have licenses to carry, and they claimed that the new restrictions that prevented them from bringing their firearms into sensitive areas violated their rights. One Plaintiff also argued that they were unwilling to share sensitive data with investigators in order to get a license to carry.
Judge Glenn Suddaby believes that New York’s new laws violate an American’s right to bear arms by going too far with licensing requirements. Part of the new laws, according to the judge, oblige potential gun owners to turn over details about their social media accounts. It also required them to list out details about everyone who lives in the home with the potential gun owner. According to the Judge, all these requirements amounted to judging a citizens “moral character” before allowing them to enjoy their Second Amendment right.
The Judge further explains that New York is moving away from being a shall-issue jurisdiction to a shall-not-issue jurisdiction. In other words, restrictions and requirements are become too strict, which becomes a Constitutional concern.
Despite that, the Judge did confirm that keeping restrictions in place for areas like government buildings, schools, and places of worship is fair, but it goes too far to ban weapons from areas like Times Square.
Are You Looking for a Criminal Defense Attorney in New York?
New York City has long been a beacon of freedom, but in recent years, New York voters are becoming increasingly worried about crime. The majority of voters also support tighter gun laws. With that in mind, gun laws are constantly in a state of flux in the city and state.
If you’re a gun owner in the state, then it’s important to do your best to keep up with recent legal changes. If you do end up charged with a gun-related crime, then you need to understand that the firearm will inevitably make your charges even more severe regardless of your intentions.
If you have more questions about gun laws in NYC or you need help defending yourself against a gun-related allegation, then you can lean on the expertise of our lawyers here at Bukh Law Firm. Schedule a case evaluation with our office now to discuss your legal situation in more detail with one of our attorneys.