Supreme Court Permits New York to Continue to Enforce Gun Laws During Ongoing Lawsuit

by M.C. Millman

The Supreme Court passed a ruling today allowing New York to continue to enforce its new law banning guns from sensitive places, including schools, shuls, playgrounds, and Times Square.

The Supreme Court denial of the emergency request by New York gun owners who wanted the ban lifted was not based on the case's merits but is meant to hold off on making a real decision while the lawsuit plays out. The Supreme Court made it clear, though, that the allowance is in place only as long as the lawsuit is in play. After the ruling, the Supreme Court said it would revisit the issue, or if  New York State delays too long to allow for a proper ruling, the Supreme Court also said it would take on the case and the law for consideration. 

The case revolves around the issue resulting from when New York lawmakers rewrote the State's handgun laws last summer, as reported here in Rockland Daily. 

The new laws were a knee-jerk reaction to the Supreme Court ruling stating that Americans have the right to firearms in public for self-defense. The ruling in June invalidated New York's previous system for granting handgun permits for carrying outside the home, as reported here in Rockland Daily. 

U.S. District Judge Glenn Suddaby ruled that various portions of the new New York law were unconstitutional. He, therefore, issues a preliminary injunction, as reported here by Rockland Daily.

which barred the enforcement of some of the provisions. It is Glenn's injunction that the U.S. Court of Appeals for the 2nd Circuit put on hold after gun owners challenging the new law had asked the high court to allow Suddaby's ruling blocking parts of the law to go into effect while the case is being decided. That request was declined.

"This is just a temporary delay in relief," Tzvi Waldman, founder of NYS Jewish Gun Club, tells Rockland Daily. "The denial was issued based on procedural grounds. The Supreme Court wants to give time for this case to develop properly in the second circuit. Once it gets back to the Supreme Court, our constitutional rights will be restored."