On Nov 7th, 2022 Judge Suddaby issued his preliminary injunction enjoying parts of the NY State CCIA.
Most of the “good moral character” requirements were enjoined as well as the intrusive requirements the state was using to make that determination. Along with the good moral character being enjoined, Suddaby also said that many of the locations cited as “sensitive places” were not. He also enjoined enforcing the “opt into the 2nd” law where there had to be affirmative signage on a location to allow CCWs to carry.
Today the Second Circuit court granted an emergency stay of Suddaby’s order. We’ll update this article once we have the text of that stay.
This was just a three judge panel that issued the stay.
Interestingly the injunction issued against restricting the right to carry in a place of worship is still in place.
Motion For Emergency interim stay of temporary restraining order, and stay of order pending appeal
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3 responses to “Round and Round We Go”
Eventually SCOTUS will have to do what it was supposed to have done in the first place. Rule that the 2nd means what it plainly says.
IANAL warning in full effect here, but…
Doesn’t something like “good moral character” need to be legally defined? With something that a reasonable person will agree means the person applying is not going to be a danger to society. Test of reasonableness, test of the reasonable man kind of thing.
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I am not seeing any of that in the NY law. It is basically “may issue” without saying it is may issue. If there are no defined standards of what good moral character means, than it is 100% up to the discretion of the issuing official.
I would think so. Same as needing letters of reference from friends and coworkers.