City officials can’t deny gun licenses based on applicants’ ‘moral character’ after Judge John P. Cronan defended the Second Amendment rights of law-abiding citizens in New York City by striking down certain gun control provisions.
The provisions in question, which allowed city officials broad discretion in evaluating an applicant’s “good moral character” and “good cause,” have been a source of concern for gun owners and advocates of the Second Amendment.
The ruling, delivered in a 48-page decision, emphasized the need to protect citizens’ rights under the Second and Fourteenth Amendments.
A federal judge on Tuesday struck down recent provisions in New York City’s gun restrictions as unconstitutional, saying officials have been allowed too much discretion to deny gun permits to people deemed “not of good moral character.” Link: https://t.co/j5gNWIZaNb
— Spectrum News NY1 (@NY1) October 25, 2023
Cronan’s decision was rooted in the Supreme Court’s Bruen decision of 2022, which set a standard for evaluating such provisions. He concluded that the level of discretion granted to NYC licensing officials was unconstitutional, as it could potentially lead to the denial of permits to law-abiding citizens.
Moreover, Cronan highlighted the absence of historical precedent for granting city officials the authority to assess “good moral character” and “good cause” when issuing gun permits. This departure from the nation’s historical tradition of firearm regulation was a key factor in his decision.
The case that brought this issue to the forefront involved Joseph Srour, whose permit applications were denied due to prior arrests, his driving history and alleged false statements on his application.
While the NYPD’s License Division cited these reasons for their denial, Cronan found that Srour had suffered “irreparable harm” in being denied his Second Amendment rights.
The defendants in the case attempted to justify the regulations by referencing 18th-century laws in New Hampshire and Massachusetts. However, Cronan dismissed this argument, stating that these statutes did not impose burdens on the right to bear arms comparable to the discretionary assessments required by NYC’s regulations. He, however, stayed his ruling till Oct. 26 to give the defendants time to appeal.
In closing, Cronan clarified that his decision did not challenge the authority of states and municipalities to impose valid regulations on firearm licenses and permits. Instead, it focused on preventing excessive discretion that could infringe on citizens’ constitutional rights.
