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Federal judge halts key parts of New York's new gun law

Federal judge blocks key parts of New York's new gun law
Federal judge blocks key parts of New York's new gun law 02:58

NEW YORK -- A federal judge has halted key provisions of New York's new gun law.

He says parts of the law affecting the requirements for getting gun permits and banning guns from sensitive places like Times Square are unconstitutional and cannot be enforced, CBS2's Marcia Kramer reported Thursday.

When the Supreme Court overturned New York's gun carry permit laws, it was Gov. Kathy Hochul to the rescue. She called a special session of the Legislature to pass new laws to make it harder to get a permit and limit the places where a gun owner could carry a weapon.

Now, a judge says the Legislature went too far and experts say the ruling will have far-reaching effects if it is upheld.

"We don't want to have gun fights in Times Square," said Darrin Porcher, a Pace University professor and former NYPD lieutenant.

Porcher was talking about the decision an upstate federal judge made, declaring parts of the state's new gun laws unconstitutional. The judge focused on multiple parts of the law, especially the requirements for getting gun permits.

But while permitting takes time, one immediate effect in New York City, if it is upheld, is that the state cannot ban guns from Times Square, where signs are already up saying no guns allowed.

Porcher said he's worried about the effect of that on public safety.

"If a pistol permit owner decides to engage in a firearms and gun fight in Times Square, what are your chances of hitting an innocent bystander?" Porcher said.

FLASHBACKNew York's new gun laws ban concealed weapons in Times Square and other "sensitive" areas

The ruling would keep restrictions in place to prevent guns in so-called "sensitive" places like schools, government buildings, and houses of worship.

Judge Glenn Suddaby also took issue with several parts of the laws setting up new requirements for getting a gun permit, including requirements that applicants turn over private information like their social media accounts and the names of everyone living their homes.

"Simply stated, instead of moving toward becoming a shall-issue jurisdiction, New York State has further entrenched itself as a shall-not-issue jurisdiction, and, by doing so, it has further reduced a first-class constitutional right to bear arms in public for self-defense ... into a mere request," wrote Suddaby, who sits in Syracuse.

Hochul, who was meeting with President Joe Biden in Poughkeepsie, insisted the law was carefully crafted to keep New Yorkers safe.

"It is deeply disappointing that the judge wants to limit my ability to keep New Yorkers safe and to prevent more senseless gun violence," Hochul said.

Mayor Eric Adams was also disappointed, saying, "Once again, the courts have opened up another river leading to the sea of gun violence, making it harder for us to protect New Yorkers."

Republicans, however, were ecstatic.

"Albany's political ruling class has repeatedly parroted a false narrative that law-abiding firearm owners are the root of increasing crime in our communities. Nothing could be further from the truth," said Senate Minority Leader Rob Ortt.

"It was clear that this was going to get overturned. We need to be going after the person with the illegal firearm. Those are the criminals," added Rep. Lee Zeldin, the Republican nominee for governor.

The judge gave the state thee business days to appeal the ruling. The governor and Attorney General Letitia James said they are studying the decision and pursing their options. 

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