Supreme Court lets New York enforce gun law during lawsuit

The U.S. Supreme Court decided Wednesday to let New York continue to enforce a law that bans guns from “sensitive places,” such as schools, playgrounds, churches and Times Square, while an ongoing lawsuit proceeds.

The justices denied a request by gun owners to lift a court order that keeps New York’s sweeping concealed weapons law in effect for now.

In a statement accompanying the Supreme Court determination, two of the court’s conservative justices, Samuel Alito and Clarence Thomas, said the New York gun law “presents novel and serious questions.” But they said the court would not intervene now “to reflect respect” for the appeals court’s procedures.

At issue is the state’s concealed-weapons law. The Supreme Court last summer ruled New York’s old law violated the Second Amendment because, in part, it was too vague and subjective about license qualifications. Among other things, the law required a person to show a specific need for obtaining a license to carry a gun outside the home.

In response, New York lawmakers quickly adopted a new law that mandated objective requirements, such as completing 18 hours of training. It also required applicants to provide a list of their social media accounts.

And it banned guns from dozens of “sensitive places,” including government buildings and churches; airports, train stations and bus terminals; entertainment, sports and gambling venues; places where alcohol is consumed; nursery schools, summer camps and child care facilities, and Times Square in Manhattan.

The new law sparked at least 10 ongoing lawsuits.

In one of the first cases filed, a federal district judge in Syracuse declared several portions of the law unconstitutional, citing provisions about prohibited places and social-media accounts. He issued an injunction, blocking the provisions from being enforced.

Soon after, a federal appeals court issued a stay, keeping the provisions in place while it prepares to hear the case. On Wednesday, the nation’s top court kept that stay in place for now.

Gov. Kathy Hochul applauded the decision.

“I'm pleased that this Supreme Court order will allow us to continue enforcing the gun laws we put in place to do just that,” Hochul said in a statement. “We believe that these thoughtful, sensible regulations will help to prevent gun violence, and we will keep working with the New York attorney general's office on protecting the laws." 

A spokesman for the Gun Owners of America, a gun lobby, took heart in a portion of the ruling in which Alito indicated the court could step in if the appeals court fails to act in a timely manner.

“While we would have hoped for immediate relief from the court, this statement from Justice Alito is incredibly reassuring, in that the court is completely prepared to step in …  should lower courts fail to properly, and in a timely manner, apply it in judicial cases where Second Amendment rights are being restricted,” said Erich Pratt, a GOA vice president in a statement.

By Yancey Roy

yancey.roy@newsday.com@yanceyroy