BUFFALO, N.Y. (WBEN) A federal appeals court Wednesday allowed New York to continue enforcing its new gun laws as it considers a lower court ruling that declared key provisions unconstitutional.
Legal expert Paul Cambria said, in this case, U.S. District Judge Glenn Suddaby in Syracuse struck down several provisions of the law last week, but New York State promptly appealed it.
"A single judge can halt it. It then goes to three judges to see if they agree with it. Then the case goes to the three judges to see if the decision should be upheld or reversed. So this is an interim measure to hold it in place until the full three judge court can make a decision as to whether the lower court judge was correct or not," said Cambria.
The constitutional law expert also said he wouldn't be surprised if the appeals court ruling takes a few months.
Criminal cases generally take precedent over civil cases. But because it is a gun law that might have a big effect on the community, the appeals court may expedite it.
"It still will take a few months," added Cambria, because briefs have to be filed by both sides, and the case will be argued orally before a decision is made.
Parts of the new law that were declared unconstitutional include a list of sensitive locations where people cannot carry guns, and a provision requiring applicants to turn over information about their social media accounts.
Could the new decision by the three judge panel also be appealed? Cambria answered yes. "It could go to the U.S. Supreme Court if the Supreme Court accepts it. At the level that the case is now, an appeal is automatic if requested. The Supreme Court only takes cases that they agree to take. There's nothing automatic. My guess is that they would take it up because
it's an important hot issue right now." He added, "I think that's where this is headed."
As the new gun laws are being sorted out legally, it's a confusing time for gun owners. "It is confusing," said Cambria. "There's no question about it. But people who have gun permits, or have applied for permits, have done their homework. Some are getting information from attorneys and gun clubs on where the law stands.
