A federal appeals court has upheld New York City’s contentious gun permit law, which allows officials to reject applications based on their assessment of the applicant’s “good moral character.” The ruling from the U.S. Court of Appeals for the Second Circuit comes after a lower court had previously blocked the law, declaring it an unconstitutional infringement on Second Amendment rights.
The case originated with Joseph Srour, a New York resident whose gun permit application was denied due to prior arrests and traffic violations. Srour, who was never convicted of any crime, argued that the city’s denial violated his constitutional rights. In 2023, a U.S. district judge sided with Srour, ruling that New York officials failed to prove their restrictions were consistent with America’s historical tradition of firearm regulation—a standard set by a 2022 U.S. Supreme Court decision.
New York City lawyers appealed the decision, and the Second Circuit stayed the district court’s order, temporarily allowing the law to stand. Srour then appealed to the U.S. Supreme Court, but Justice Sonia Sotomayor declined his request to lift the stay.
The appeals court on Monday upheld the law but cited a twist in the case—Srour had since been granted a gun permit by city officials. “We now hold that because Srour has been granted the very relief he sought, the case before us is moot, and we lack jurisdiction to hear the merits,” wrote Circuit Judge Eunice C. Lee on behalf of the panel.
As a result, the panel vacated the previous ruling that blocked the law and dismissed New York City’s appeal as moot, returning the case to the district court to dismiss the part dealing with the moral character requirement. However, Srour’s claims that the city’s initial rejection of his application violated his Second Amendment rights remain unresolved, according to his attorney, Amy Bellantoni.
“Mr. Srour’s plenary claim for the city’s violation of his Second Amendment rights remains alive and well,” Bellantoni told The Epoch Times.
The New York City Law Department welcomed the ruling. “We are pleased with this court ruling which keeps an essential part of the city’s sensible rifle and handgun permitting law in place,” a spokesperson said.
The case has reignited debate over the balance between public safety and individual rights. New York City officials had originally denied Srour’s permit application on the grounds that he failed to disclose his arrest history—though he was never convicted—and cited his driving record as further evidence of poor moral character.
Critics, however, see the decision as a troubling precedent. Bellantoni pointed out that despite Srour’s current permit status, he remains vulnerable to future “at will” suspensions or denials based on the city’s broad interpretation of what constitutes a change in “status.”
The court’s ruling emphasizes the lack of a “reasonable likelihood” that Srour will face the contested “good moral character” standard again unless he is arrested or breaks the law. This unanimous decision from Judges Eunice C. Lee, Pierre N. Leval, and Raymond J. Lohier Jr. underscores a significant moment in the ongoing battle over gun rights and regulatory powers in one of the nation’s most populous cities.
Tyler Durden
Wed, 09/11/2024 – 16:50
