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A three-judge panel has blocked major parts of New York state’s anti-gun law while allowing the state to create “sensitive sites” that limit where legal gun owners can carry.
However, the panel’s 261-page decision gave its thumbs-down to the state’s attempt to bar gun owners from carrying guns into churches, synagogues and other places of worship.
The ruling noted that its decision is not likely to be the last word as litigation continues that could include appeals to the U.S. Supreme Court. The ruling notes that it was focused on a request by Gun Owners of America and other plaintiffs for a preliminary injunction to block the law, not a review of the law itself.
The law required that anyone seeking a handgun permit appear for an interview with an official to ensure that they are of good moral character. The appeals court said the requirement “is not facially unconstitutional. A reasoned denial of a carry license to a person who, if armed, would pose a danger to themselves, others, or to the public is consistent with the well-recognized historical tradition of preventing dangerous individuals from possessing weapons.”
However, it admitted the challenges to that provision could have merit.
Likewise, the ruling said so-called sensitive sites such as schools, hospitals and mass transit can be gun-free zones.
But the law’s ban on carrying guns in privately owned places open to the public was tossed out. The provision would have covered stores, restaurants and other places in which a gun owner would only have been allowed to bring in his or her gun if a sign was posted saying it was OK to do so.
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