New York asks appeals court to keep restrictive gun law in effect after lower court paused enforcement of parts of it

CNN/Stylemagazine.com Newswire | 10/10/2022, 12:49 p.m.
The state of New York on Monday asked an appeals court to allow a restrictive gun law to remain in …
New York Attorney General Letitia James asks an appeals court to keep a restrictive gun law in effect. Mandatory Credit: Alex Kent/AFP/Getty Images

Originally Published: 10 OCT 22 13:08 ET

By Melanie Schuman and Devan Cole, CNN

(CNN) -- The state of New York on Monday asked an appeals court to allow a restrictive gun law to remain in effect as it appeals a decision by a federal judge that temporarily blocked parts of the measure.

"Today my office filed a motion to keep the entire Concealed Carry Improvement Act in effect and continue to protect communities as the appeals process moves forward. This common-sense gun control legislation is critical in our state's effort to reduce gun violence," New York Attorney General Letitia James, a Democrat, said in a statement.

On Thursday, a federal judge temporarily blocked enforcement of parts of the gun law that was enacted in the wake of a Supreme Court decision earlier this summer striking down certain protections. Democratic Gov. Kathy Hochul said her office was working with James to discuss an appeal following last week's decision.

Judge Glenn T. Suddaby of the US District Court for the Northern District of New York said the state has "further reduced a first-class constitutional right to bear arms in public for self-defense" into a mere "request." He said that several provisions of the law had no historical justification, a controversial requirement put forward by the high court last spring.

The law, which went into effect in September, was signed by Hochul as a swift response to the Supreme Court striking down New York's gun law that required a resident to obtain a license to carry a concealed pistol or revolver in public and demonstrate that "proper cause" existed for the permit.

But the plaintiffs in the case at hand, including at least one individual who wants to carry his firearm in church, argue the state is violating their Second and 14th Amendment rights by denying them the right to self-defense. They have filed for a preliminary injunction with Suddaby in order to eventually prohibit the state from enforcing its new set of laws.

The judge's temporary restraining order is set to become effective this week.