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TRO Granted in part and denied in part. A small step forward, but a step forward regardless.
https://storage.courtlistener.com/re...829.27.0_1.pdf
RDVC:
ACCORDINGLY, it is
ORDERED that Plaintiffs’ motion for a Temporary Restraining Order (Dkt. No. 6) is
GRANTED in part and DENIED in part in accordance with this Decision; and it is further
ORDERED that Defendants, as well as their officers, agents, servants, employees, and
attorneys (and any other persons who are in active concert or participation with them) are
TEMPORARILY RESTRAINED from enforcing the following provisions of the Concealed
Carry Improvement Act, 2022 N.Y. Sess. Laws ch. 371 (“CCIA”):
(1) the provisions contained in Section 1 of the CCIA requiring “good
moral character” EXCEPT to the extent it is construed to mean that a license
shall be issued or renewed except for an applicant who has been found, by a
preponderance of the evidence based on his or her conduct, to not have “good
moral character,” which is defined as “having the essential character,
temperament and judgment necessary . . . to use [the weapon entrusted to the
applicant] only in a manner that does not endanger oneself or others, other than
in self-defense”;
(2) the provision contained in Section 1 of the CCIA requiring that the
applicant “meet in person with the licensing officer for an interview”;
Case 1:22-cv-00986-GTS-CFH Document 27 Filed 10/06/22 Page 50 of 53
51
(3) the provision contained in Section 1 of the CCIA requiring the “names
and contact information for the applicant’s current spouse, or domestic partner,
any other adults residing in the applicant's home, including any adult children of
the applicant, and whether or not there are minors residing, full time or part time,
in the applicant’s home”;
(4) the provision contained in Section 1 of the CCIA requiring “a list of
former and current social media accounts of the applicant from the past three
years”; and
(5) the “sensitive locations” provision contained in Section 4 of the CCIA
EXCEPT with regard to the following sensitive locations (where the restrictions
remain):
(a) “any place owned or under the control of federal, state or local
government, for the purpose of government administration, including
courts” (as contained in paragraph “2(a)” of Section 4);
(b) “any location being used as a polling place” (as contained in
paragraph “2(q)” of Section 4);
(c) “any public sidewalk or other public area restricted from
general public access for a limited time or special event that has been
issued a permit for such time or event by a governmental entity, or subject
to specific, heightened law enforcement protection, or has otherwise had
such access restricted by a governmental entity, provided such location is
Case 1:22-cv-00986-GTS-CFH Document 27 Filed 10/06/22 Page 51 of 53
52
identified as such by clear and conspicuous signage” (as contained in
paragraph “2(r)” of Section 4);
(d) “any place of worship or religious observation” (as contained in
paragraph “2(c)” of Section 4), EXCEPT for those persons who have
been tasked with the duty to keep the peace at the place of worship or
religious observation;
(e) “nursery schools” and “preschools” (as contained in paragraph
“2(f)” of Section 4);
(f) “any building or grounds, owned or leased, of any educational
institutions, colleges and universities, licensed private career schools,
school districts, public schools, private schools licensed under article one
hundred one of the education law, charter schools, non-public schools,
board of cooperative educational services, special act schools, preschool
special education programs, private residential or non-residential schools
for the education of students with disabilities, and any state-operated or
state-supported schools” (as contained in paragraph “2(m)” of Section 4);
(g) “any gathering of individuals to collectively express their
constitutional rights to protest or assemble” (as contained in paragraph
“2(s)” of Section 4); and
(6) the “restricted locations” provision contained in Section 5 of the CCIA
EXCEPT for fenced-in farmland owned by another or fenced-in hunting ground
owned by another (where the restriction stands); and it is further
Case 1:22-cv-00986-GTS-CFH Document 27 Filed 10/06/22 Page 52 of 53
53
ORDERED that Plaintiffs are EXCUSED from giving security; and it is further
ORDERED that this Temporary Restraining Order shall REMAIN IN EFFECT
pending a hearing and ruling on Plaintiffs’ motion for a preliminary injunction (Dkt. No. 6); and
it is further
ORDERED that this Temporary Restraining Order is STAYED for THREE (3)
BUSINESS DAYS, from the date of this Decision, to allow Defendants to seek emergency relief
in the Second Circuit; and it is further
ORDERED that counsel for Plaintiffs shall promptly and personally serve this Decision
and Temporary Restraining Order on Defendant Soares (who has not yet appeared through
counsel in this action).
Dated: October 6, 2022
https://storage.courtlistener.com/re...829.27.0_1.pdf
RDVC:
ACCORDINGLY, it is
ORDERED that Plaintiffs’ motion for a Temporary Restraining Order (Dkt. No. 6) is
GRANTED in part and DENIED in part in accordance with this Decision; and it is further
ORDERED that Defendants, as well as their officers, agents, servants, employees, and
attorneys (and any other persons who are in active concert or participation with them) are
TEMPORARILY RESTRAINED from enforcing the following provisions of the Concealed
Carry Improvement Act, 2022 N.Y. Sess. Laws ch. 371 (“CCIA”):
(1) the provisions contained in Section 1 of the CCIA requiring “good
moral character” EXCEPT to the extent it is construed to mean that a license
shall be issued or renewed except for an applicant who has been found, by a
preponderance of the evidence based on his or her conduct, to not have “good
moral character,” which is defined as “having the essential character,
temperament and judgment necessary . . . to use [the weapon entrusted to the
applicant] only in a manner that does not endanger oneself or others, other than
in self-defense”;
(2) the provision contained in Section 1 of the CCIA requiring that the
applicant “meet in person with the licensing officer for an interview”;
Case 1:22-cv-00986-GTS-CFH Document 27 Filed 10/06/22 Page 50 of 53
51
(3) the provision contained in Section 1 of the CCIA requiring the “names
and contact information for the applicant’s current spouse, or domestic partner,
any other adults residing in the applicant's home, including any adult children of
the applicant, and whether or not there are minors residing, full time or part time,
in the applicant’s home”;
(4) the provision contained in Section 1 of the CCIA requiring “a list of
former and current social media accounts of the applicant from the past three
years”; and
(5) the “sensitive locations” provision contained in Section 4 of the CCIA
EXCEPT with regard to the following sensitive locations (where the restrictions
remain):
(a) “any place owned or under the control of federal, state or local
government, for the purpose of government administration, including
courts” (as contained in paragraph “2(a)” of Section 4);
(b) “any location being used as a polling place” (as contained in
paragraph “2(q)” of Section 4);
(c) “any public sidewalk or other public area restricted from
general public access for a limited time or special event that has been
issued a permit for such time or event by a governmental entity, or subject
to specific, heightened law enforcement protection, or has otherwise had
such access restricted by a governmental entity, provided such location is
Case 1:22-cv-00986-GTS-CFH Document 27 Filed 10/06/22 Page 51 of 53
52
identified as such by clear and conspicuous signage” (as contained in
paragraph “2(r)” of Section 4);
(d) “any place of worship or religious observation” (as contained in
paragraph “2(c)” of Section 4), EXCEPT for those persons who have
been tasked with the duty to keep the peace at the place of worship or
religious observation;
(e) “nursery schools” and “preschools” (as contained in paragraph
“2(f)” of Section 4);
(f) “any building or grounds, owned or leased, of any educational
institutions, colleges and universities, licensed private career schools,
school districts, public schools, private schools licensed under article one
hundred one of the education law, charter schools, non-public schools,
board of cooperative educational services, special act schools, preschool
special education programs, private residential or non-residential schools
for the education of students with disabilities, and any state-operated or
state-supported schools” (as contained in paragraph “2(m)” of Section 4);
(g) “any gathering of individuals to collectively express their
constitutional rights to protest or assemble” (as contained in paragraph
“2(s)” of Section 4); and
(6) the “restricted locations” provision contained in Section 5 of the CCIA
EXCEPT for fenced-in farmland owned by another or fenced-in hunting ground
owned by another (where the restriction stands); and it is further
Case 1:22-cv-00986-GTS-CFH Document 27 Filed 10/06/22 Page 52 of 53
53
ORDERED that Plaintiffs are EXCUSED from giving security; and it is further
ORDERED that this Temporary Restraining Order shall REMAIN IN EFFECT
pending a hearing and ruling on Plaintiffs’ motion for a preliminary injunction (Dkt. No. 6); and
it is further
ORDERED that this Temporary Restraining Order is STAYED for THREE (3)
BUSINESS DAYS, from the date of this Decision, to allow Defendants to seek emergency relief
in the Second Circuit; and it is further
ORDERED that counsel for Plaintiffs shall promptly and personally serve this Decision
and Temporary Restraining Order on Defendant Soares (who has not yet appeared through
counsel in this action).
Dated: October 6, 2022
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