Srour v. Sewell - NYC "Moral Character" Restrictions Ruled Unconstitutional

[adit]

Trump SDNY Judge

This ruling only applies to the 2nd District (NY/CT/VT), but is a really big win. This takes another layer of subjectivity out of the process.

New York City is no longer able to use "moral character" as a restriction for applicants seeking gun licenses, a federal judge ruled on Tuesday.

U.S. District Judge for the Southern District of New York John Cronan said the regulations violate the Second Amendment in a 48-page ruling. Cronan added that allowing unelected officials to refuse gun permits to those “not of good moral character” goes against the country’s “tradition of firearm regulation.”

The precedent for the case was set by last year's ruling in New York State Rifle & Pistol Association, Inc. v. Bruen, which overturned a century-old law restricting the carrying of concealed firearms in New York.

Cronan is an appointee of former President Donald Trump. He said the city's requirements were “vague and unconstrained,” but the ruling does not prevent constitutional restrictions.

“This case is not about the ability of a state or municipality to impose appropriate and constitutionally valid regulations governing the issuance of firearm licenses and permits,” he wrote.

The plaintiff, Joseph Srour, filed a lawsuit against the city and NYPD Commissioner Keechant Sewell in 2019 after his applications for permits to possess handguns, rifles and shotguns were denied by the NYPD’s License Division. Srour was denied because of his prior arrests, driving history and alleged false statements on his application.

His "poor moral judgment and an unwillingness to abide by the law" were cited by the NYPD in a denial notice sent to Srour.

Federal Judge Rules Against NYC's 'Moral Character' Restriction for Gun Licenses

New York City is no longer able to use "moral character" as a restriction for applicants seeking gun licenses, a federal judge ruled.

themessenger.com

Srour v. Sewell, 22 Civ. 3 (JPC) | Casetext Search + Citator

Read Srour v. Sewell, 22 Civ. 3 (JPC), see flags on bad law, and search Casetext’s comprehensive legal database

casetext.com

Opinion/Order - Good Read - 48 pages

https://storage.courtlistener.com/recap/gov.uscourts.nysd.572639/gov.uscourts.nysd.572639.43.0.pdf

 

[light12pdr]

This is a positive step. So glad to see the Pendulum swing the other way, albeit slowly.

 

[krucam]

Like many of these victories, it's often not an Angel for a plaintiff!

The Notice proceeded to explain: “Based on your prior arrests for [redacted] you have shown poor moral judgment and an unwillingness to abide by the law. The above circumstances, as well as your derogatory driving record (twenty-eight moving violations and thirty license suspensions), reflect negatively on your moral character and casts [sic] grave doubt upon your fitness to possess a firearm.” Id.

 

[pcfixer]

 

[Mark75H]

Lucky for us, the Thought Police lose again.

 

[Blacksmith101]

Just wait until it gets appealed to the full circuit, the 2nd Circuit is no friend of the 2nd Amendment.

 

[press1280]

Just wait until it gets appealed to the full circuit, the 2nd Circuit is no friend of the 2nd Amendment.

They are definitely not, however I think just the pure discretion the statute gives them just can't stand.
I think they may uphold this ruling on those grounds. The state may then try to re-write the law to specifically include traffic offenses, unpaid parking tickets, exc. as dis qualifiers for the license.

 

[Bob A]

Nice article on the decision from the Volokh Conspiracy:

Second Amendment Roundup: NYC’s “Good Moral Character” Requirement Void

An official may not deny the right to possess a firearm based on subjective criteria.

reason.com