Oh, shoot! Federal judge calls NY gun laws ‘unconstitutional,’ allows them for now

New state gun laws took effect Thursday in places like Times Square — but they might not remain that way for long, with a federal judge blasting Albany Democrats for their “unconstitutional” response to a controversial ruling by the US Supreme Court in June.

“While pursuing the laudable goal of public safety, and in an attempt to curb ever-increasing mass shootings, the New York State Legislature has generated an unconstitutional statute,” Chief United States District Judge Glenn Suddaby said in a decision released late Wednesday.

While the judge rulef that the suit brought by the Guns Owners of America New York lacked standing — a decision it might appeal — the legal win for New York Democrats might prove short-lived amid multiple legal challenges to the new laws.

“Responsible gun control measures save lives and any attempts by the gun lobby to tear down New York’s sensible gun control laws will be met with fierce defense of the law. We will continue to defend the constitutionality of our laws to protect all New Yorkers,” state Attorney General Letitia James said.

A spokesman for Gun Owners of America New York said the group is considering its options while other cases the New York Rifle and Pistol Association make their way through the courts.

Gov. Kathy Hochul called an extraordinary session of the state Senate and Assembly in late June following a SCOTUS ruling on a case brought by the association striking down a 1913 state law requiring applicants for concealed weapons permits to show “proper cause” for packing heat surreptitiously.

The sweeping legislation banned concealed weapons from a list of venues like bars, sporting events and Times Square while requiring applicants to get additional training and prove “good moral character” through means like divulging their social media history.

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“It is a just and right decision, and our smart, sensible gun laws will go into effect as planned tomorrow on September 1 to keep New Yorkers safe,” Hochul said in a statement Wednesday night.

Mayor Eric Adams, with Hochul on Wednesday, declared, “I never thought from the days of watching cowboy movies as a child, ‘Leave your gun at the door’ becoming reality in the state of New York,” on the eve of new restrictions taking effect in so-called “sensitive locations” like Times Square. 

But they come as sending cops door to door to investigate applicants.

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But the 78-page decision by Suddaby suggests that he will eventually rule against the new laws, with the conservative-dominated US Supreme Court potentially having a final say on the constitutionality of state gun laws.

“The Court finds that the (New York’s) definition of ‘restriction locations’ is not deeply rooted in the National’s historical tradition of firearm regulation,” he said in the ruling, echoing key language from the SCOTUS ruling in June.