US Supreme Court declines to block New York gun law as constitutional challenge proceeds News
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US Supreme Court declines to block New York gun law as constitutional challenge proceeds

The US Supreme Court Wednesday declined to partially block the enforcement of New York’s Concealed Carry Improvement Act. The Court opined that the law may remain in effect pending an appeal challenging its constitutionality.

This issue stems from a previous Supreme Court judgment handed down in June 2022. In a 6-3 decision, the Court ruled struck down a NY law that required concealed carry licensees to have a special need for carrying a firearm. In response, the NY legislature passed the Concealed Carry Improvement Act. The act lists locations where guns are not allowed. Moreover, it prohibits concealed weapons on private property unless expressly agreed to by the property owner.

Consequently, gun rights advocates challenged the law. This led a New York federal judge to partially enjoin the law’s enforcement in November 2022, pending further proceedings. However, the Second Circuit Court of Appeals reversed the injunction in December 2022, allowing the law to go into effect.

Though no Supreme Court justices dissented from Wednesday’s decision, Justice Samuel Alito Jr. issued a statement, which Justice Clarence Thomas joined. Alito noted that the new law “presents novel and serious questions under both the First and the Second Amendments.” He also said that “Applicants should not be deterred by today’s order from again seeking relief if the Second Circuit does not, within a reasonable time, provide an explanation for its stay order or expedite consideration of the appeal.”