On July 2, 2024, a significant development occurred in the United States Supreme Court. The court vacated the Second Circuit Court of Appeals’ ruling concerning New York’s “Concealed Carry Improvement Act.” Gun Owners of America (GOA) and Gun Owners Foundation (GOF), two organizations advocating for gun rights, initiated this challenge in February 2024.
The challenge stemmed from the Second Circuit Court’s failure to adhere to the Supreme Court precedent set by previous decisions. In their suit, GOA and GOF claimed that New York’s “good moral character” mandate for obtaining a concealed carry permit was unconstitutional. This law was immediately enacted by Governor Kathy Hochul and the New York General Assembly following the Supreme Court’s ruling in 2022.
Prior to this recent challenge, GOA had succeeded in securing a preliminary injunction in federal district court, which temporarily halted several parts of the law. However, the Second Circuit largely disregarded that decision and allowed many provisions to remain in effect.
In response to the Supreme Court’s action, Gun Owners of America issued an email highlighting the remaining provisions under the law. These include.
1. Requiring concealed carry license applicants to provide character references attesting to their good moral character.
2. Mandating that applicants undergo regular firearms safety training and background checks.
3. Implementing a strict permitting process that includes an examination of the applicant’s social media presence for any red flags indicating potential violence or criminal activity.
4. Imposing prohibitions on carrying concealed weapons in certain sensitive locations, such as government buildings, schools, places of worship, and public transportation.
5. Requiring that all concealed carry license holders be at least 21 years old and not have any felony convictions or serious misdemeanor records.
Despite these provisions, New York continues to rank among the worst states for gun owners according to Guns & Ammo magazine’s best states for gun owner rankings. In this current climate, only through nullification and litigation in the federal court system can New York become a more welcoming environment for gun rights advocates.