Federal appeals court strikes down part of NY gun control law, upholds key provisions
The social media provision "imposes an impermissible infringement on Second Amendment rights," the court said.
NEW YORK (WABC) -- A federal appeals court on Friday struck down a portion of a New York gun control law that requires concealed carry permit applicants to disclose their social media accounts but upheld other key provisions.
"Although the review of public social media posts by a licensing officer poses no constitutional difficulties, requiring applicants to disclose even pseudonymous names under which they post online imposes an impermissible infringement on Second Amendment rights that is unsupported by analogues in the historical record and moreover presents serious First Amendment concerns," the opinion, from the Second U.S. Circuit Court of Appeals, said.
The state can still require applicants to demonstrate good moral character and to disclose household and family members.
Today's decision allows a majority of New York's concealed carry requirements to stay in effect pending decisions in the lower courts.NY Attorney General Letitia James
Attorney General Letitia James hailed the "decision to permit the state to enforce critical provisions of the Concealed Carry Improvement Act."
"Today's decision allows a majority of New York's concealed carry requirements to stay in effect pending decisions in the lower courts," James said.
The 2nd Circuit also struck down the state's ban on guns by default on private property and will not allow the state to enforce a ban on guns at houses of worship.
"It hard to see how the law advances the interests of religious organizations, as a whole, by denying them agency to choose for themselves whether to permit firearms," the decision said.
Additional challenges to the law are pending decisions in lower courts.
The issue may have to be settled by the Supreme Court.
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