An emergency restraining order blocking most of New York’s restrictive gun-carry law will not take effect. At least not yet.
Second Circuit Judge Eunice Lee, a Biden appointee, granted New York’s request for an interim stay of the temporary restraining order on Wednesday. The stay will keep New York’s Concealed Carry Improvement Act (CCIA) in effect until a three-judge panel for the Second Circuit decides whether to uphold or overturn the order.
The stay deals a setback to gun rights advocates in New York. After securing a victory in court against New York’s law earlier this month, licensed gun owners will be forced to continue abiding by a law that a federal judge has already found to be likely unconstitutional.
The stay however is not the final judgment against the order. A three-judge panel for the federal appeals court will ultimately make a decision on the fate of the restraining order.
New York Attorney General Letitia James (D.) celebrated the ruling.
“I am pleased that the full Concealed Carry Improvement Act will stay in effect and continue to protect communities as the appeals process moves forward,” she said. “My office will continue our efforts to protect the safety of everyday New Yorkers and defend our common-sense gun laws.”
The stay order comes after Federal district judge Glenn Suddaby issued a temporary restraining order blocking large portions of the CCIA. He found many of the law’s novel provisions violated the Second Amendment under the Supreme Court’s ruling in New York State Pistol and Rifle Association v. Bruen.
“Simply stated, instead of moving toward becoming a shall-issue jurisdiction, New York State has further entrenched itself as a shall-not-issue jurisdiction,” Suddaby wrote. “And, by doing so, it has further reduced a first-class constitutional right to bear arms in public for self-defense (which, during the 19th and 18th centuries in America, generally came with an assumption that law-abiding responsible citizens were not a danger to themselves or others unless there was specific ground for a contrary finding) into a mere request (which is burdened with a presumption of dangerousness and the need to show ‘good moral character’).”
Judge Suddaby stayed his order for three business days to allow New York to appeal the decision. New York immediately appealed.
An injunction hearing against the law will be heard at the District Court level later this month.