44 correct but this Federal court just stopped them from enforcing all the crap enacted and they no longer can use good cause . If the 3 day stay comes and goes and someone applies next week for a CCW permit . What current laws do they have not being TRO’ed of found to be unconstitutional do they have to say no you can’t have a permit?
If they can’t enforce the laws they want , what happens when someone applies ?
I'm not a lawyer, don't pretend to be one, the only answers I have are what I expect to be common sense, however, in legal matters,sometimes, common sense is not applied the same way it is in the "real world".
The 3 days stay is not a stay on the law for 3 days, it is 3 days between the judge's ruling and the stay on the NY law going into effect. After the 3days (meaning next week) if there is no appeal or if the state's appeal is denied, then the stay on the law goes into effect.
Seems to me that, IF that stay ruling does go into effect, then NY cannot use the requirements in their new law, leaving them with the requirements and processes of their old law, minus the "show special cause" provision that was struck down by the SCOTUS ruling.
Here's another point, being misrepresented in the popular media, the NY requirement for an applicant being of "good moral character" being struck down. IT was not. Being of "good moral character" has been part of the NY requirements since before I was born and likely since the beginning of their gun control laws around the turn of the 20th century.
And, its not altogether, and automatically the bad thing its made out to be. I got my pistol permit in NY in 1975, and the application required 5 sets of fingerprints, 4 photographs (passport type) and 3 character references (who were not family members). This, along with results from investigation by all applicable law enforcement agencies was sent to a Judge, and that judge ruled either to approve or deny the application.
what the new NY law did was add a host of additional requirements to this process, including personal visit and interviews with your character references, and such things as identifying everyone in your household, access to your social media history and other things which the Fed Judge is putting a stay on. NONE of the new law (as far as I can see) made any change to the authority of the issuing NY judge to decide yea, or nay.
A shall issue law sets certain disqualifications, and requires the issuing agency to issue the permit if none of those disqualifications are met.
NY law doesn't do that, and never did. The issuing agency (usually a county judge) uses their own discretion and judgement, and (to date) no ruling or stay of requiring specific things in the application process has changed that.
The Judge having the final say is, as I have mentioned, not automatically a bad thing, though in practice it often is due to the personal beliefs of many of the judges, and particularly these days. Again, my personal experience with the system is from back in the 70s, and while today it may be uncommon, the possibility of sanity still exists....
The authority of the Judge to be the final arbiter can result in qualified people being arbitrarily denied, but the other side of the coin is that the Judge can also approve people outside of the usual standards.
I got my permit at age 18. Not 21, which was the usual age. The judge had the authority to do that. I know of one case where a judge approved a pistol permit to someone as young as 14.
I also know of a case where an applicant was denied, because even though he had nothing requiring denial in his record, he did have a history of 20+ speeding tickets (and unpaid, mostly, I heard). The judge denied his aplication because the judge felt his history showed a pattern of disregard for the law. That decision did turn out to be a good one, as a couple years later that fellow was committing actual criminal offenses that did disqualfy him from legal firearms possession....
The situation in NY, as I understand it, is that what has been struck down is gone, and what was added by the new law may be under stay next week, but all the previous laws and requirements are still in effect.
SO, no, they aren't going to deny permit applications, or become a shall issue state, at this time.
I could be wrong, but I doubt it. If any of our legal scholars find my analysis incorrect, please do inform us. I'd be curious to know if/where I got any of it wrong...
