Key provisions of NY new gun-control law blocked

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ASPartOfMe
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07 Oct 2022, 10:16 pm

Federal judge blocks key provisions of New York's new gun-control laws

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A federal judge temporarily blocked significant portions of New York’s new gun-control laws on Thursday.

The decision presents a major setback for Gov. Kathy Hochul and city and state Democratic lawmakers, who championed the new efforts after a U.S. Supreme Court decision this summer overturned restrictive local gun licensing requirements.

In a 53-page order, U.S. District Court Judge Glenn Suddaby paused a requirement that concealed carry applicants prove “good moral character” and submit years of social media for review. He also blocked implementation of some gun-free zones — including city subways and Times Square — established under the new measures.

In June, the Supreme Court said a prior licensing regime, which required applicants prove a need for self-protection, was too subjective. Suddaby said in an order that the new “good moral character” requirement passed in response was no better. It merely replaced one subjective requirement with another by “retaining (and even expanding) the open-ended discretion afforded to its licensing officers,” he wrote.

The suit was brought by six New Yorkers holding or seeking the permits. Suddaby tossed a prior legal challenge on a technicality, even as he signaled the new laws were “unconstitutional.” Suddaby indicated Thursday that the new plaintiffs had cleared the previous technical hurdle.

The ruling temporarily blocked several gun-free zones created under the new law, but left in place restrictions on some locations — including schools, courts and polling places.

Gov. Kathy Hochul, who has made strengthening gun laws a campaign issue heading into a November election against GOP Rep. Lee Zeldin, called it “deeply disappointing that the Judge wants to limit my ability to keep New Yorkers safe and to prevent more senseless gun violence.”

Suddaby’s order granted a longer-than-usual TRO “based on the strong showing made by Plaintiffs, and Defendants’ unpersuasive response.” The TRO lasts until Oct. 20, by which time Suddaby intends to hold a hearing considering a longer injunction.

The judge did, however, stay his order by three business days, giving the state time to ask the Second Circuit Court of Appeals to step in, the order says.

Attorney General Tish James, who is representing the state in the case, vowed an appeal.


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Worthless
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07 Oct 2022, 10:33 pm

Good news, but not very surprising. The new law was a flagrant attempt to ignore the SCOTUS decision.



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07 Oct 2022, 11:59 pm

Could guns ever be used in a crowded subway without abnormal risk of immense collateral damage?


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08 Oct 2022, 12:06 am

DW_a_mom wrote:
Could guns ever be used in a crowded subway without abnormal risk of immense collateral damage?


Not any more than the cops would cause, if they bothered to show up at all. That, and modern hollow points solve a lot of the over penetration problems with handgun ammo. You'll notice that you don't hear a lot of "legal gun carrier shoots at criminals, hits bystanders" stories, and you know that the media would trumpet them if they existed, as unlike the cops civilian carriers expect to get charged if they hit the wrong target and so refrain from the spray and pray we so often see from the police. Remember, civilian carry is legal in many other states with public transportation, we're not talking about some completely unknown situation, there is data available, but it doesn't support the gun control position and so doesn't tend to get reported or mentioned.


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08 Oct 2022, 12:06 am

Worthless wrote:
Good news, but not very surprising. The new law was a flagrant attempt to ignore the SCOTUS decision.


Yes.


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08 Oct 2022, 12:09 am

That is incredibly situationally dependent, but yes. There are situations in which the risk of collateral damage is less than the risk of failure to act, such as stopping an active shooter/stabber/bomber. Also, handgun rounds tend not to over-penetrate, especially when using expanding rounds, certainly not to the degree of a rifle round.



DW_a_mom
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08 Oct 2022, 1:06 am

Dox47 wrote:
DW_a_mom wrote:
Could guns ever be used in a crowded subway without abnormal risk of immense collateral damage?


Not any more than the cops would cause, if they bothered to show up at all. That, and modern hollow points solve a lot of the over penetration problems with handgun ammo. You'll notice that you don't hear a lot of "legal gun carrier shoots at criminals, hits bystanders" stories, and you know that the media would trumpet them if they existed, as unlike the cops civilian carriers expect to get charged if they hit the wrong target and so refrain from the spray and pray we so often see from the police. Remember, civilian carry is legal in many other states with public transportation, we're not talking about some completely unknown situation, there is data available, but it doesn't support the gun control position and so doesn't tend to get reported or mentioned.


I appreciate the info. It's why I posed it as a question, although my instinct definitely cried "unsafe!"


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08 Oct 2022, 1:35 am

DW_a_mom wrote:
Dox47 wrote:
DW_a_mom wrote:
Could guns ever be used in a crowded subway without abnormal risk of immense collateral damage?


Not any more than the cops would cause, if they bothered to show up at all. That, and modern hollow points solve a lot of the over penetration problems with handgun ammo. You'll notice that you don't hear a lot of "legal gun carrier shoots at criminals, hits bystanders" stories, and you know that the media would trumpet them if they existed, as unlike the cops civilian carriers expect to get charged if they hit the wrong target and so refrain from the spray and pray we so often see from the police. Remember, civilian carry is legal in many other states with public transportation, we're not talking about some completely unknown situation, there is data available, but it doesn't support the gun control position and so doesn't tend to get reported or mentioned.


I appreciate the info. It's why I posed it as a question, although my instinct definitely cried "unsafe!"


Of course it is unsafe, but any situation which would actually warrant firing shots in a defensive situation, especially a crowded one, is already unsafe before the defensive firearm use and regardless of its presence.

Also, even in NYC, the subway isn't always packed all the time on every car. Plus, there are the platforms as well that can certainly be quite empty at times and places. Being unarmed in a lonely empty dark subway station, can be rather disconcerting, even as a man. Aditionally, the ban would also prevent people who take public transit from being armed before and after riding the public transit. Such as on a lonely walk home in the dark. My wife had some close calls when she was younger with commuting home after work and having to walk through a dangerous area at night with only a knife.