Supreme Court Stripped New York Of Its Gun Protection; NY Democrats Pushed Back By Signing New Regulations

In special session called by New York Governor Kathy Hochul on Friday, after the Supreme Court voted to neuter New York of protections in its open carry gun law, the Democratic-led Legislature gathered to enact new restrictions on carrying guns in public, as reported in the Poughkeepsie Journal. The New York law that Justice Thomas and the other justices struck down cast doubt on lawmaker’s ability to restrict carrying guns in public places. A Little Beacon Blog first explored this law when it reported on this truck with the pistol mounted to the flagpole.

According to SCOTUS Blog: “Thomas rebuffed New York’s effort to justify its proper-cause requirement as an effort to regulate guns in ‘sensitive places’ – specifically, crowded urban areas, like Manhattan, where people are likely to gather. Thomas agreed that, as a historical matter, there have long been laws restricting guns in places like courthouses and polling places. Moreover, he continued, restrictions that apply to the modern versions of ‘sensitive places’ may also pass constitutional muster. Although Thomas left open exactly what might qualify as a ‘sensitive place,’ he made clear that urban areas do not meet that definition. The state’s ‘argument would in effect exempt cities from the Second Amendment and would eviscerate the general right to publicly carry arms for self-defense,’ Thomas concluded.”

New York Governor Kathy Hochul Responded To Justice Thomas With More Defined Restrictions

The pistol mounted to the flagpole of this truck prompts the question of if it is legal, and if it being real or decorative matters. Read more here.

While Justice Clarence Thomas felt that any person had a right to bear arms outside of the home, without needing to prove anything including the need for self-defense, Governor Hochul and many New Yorkers disagreed. When signing the law, the Governor “warned that easing restrictions on carrying guns would endanger New Yorkers by multiplying the number of hidden guns being carried in public places,” the Poughkeepsie Journal reported.

The new law signed Friday in New York, after the Supreme Court made its alteration, identifies gun-free zones that includes houses of worship, schools and colleges, stadiums, theaters, parks and playgrounds. “That prohibition applies to all types of firearms - rifles and shotguns in addition to handguns - and covers private properties unless a business owner posts a sign saying that they are allowed, or a homeowner grants permission. Those caught carrying guns in prohibited places could be charged with a felony,” reported the Poughkeepsie Journal.

Additional restrictions in New York’s new gun law include (as reported by the Poughkeepsie Journal):

  • “Applicants for concealed-carry licenses must undergo 16 hours of training and pass a proficiency test.”

  • “Guns must be locked up in vehicles as state law already requires for those in homes with children.”

  • “The state will do monthly checks of license holders for criminal convictions and other disqualifying acts.”

There are exemptions to who can carry firearms in public in the listed location types, which include retired police officers, on-duty security guards and military service members.

In terms of votes, the Poughkeepsie Journal reported that the” Senate voted 43-20 on the gun bill, with Democrats in support and Republicans in opposition. Several hours later, the Assembly approved the measure in a 91-51 vote after holding its own marathon debate with a stark partisan contrast. Hochul signed the bill shortly afterward. It's to take effect Sept. 1.”