BY JEFF CHUDZINSKI
North Country This Week

A federal judge’s decision to grant a partial temporary restraining order in a gun control case is no longer in effect after New York State was granted an administrative stay on the decision.

A Second-Circuit justice has granted an interim administrative stay on District Court Judge Glenn T. Suddaby’s TRO, meaning the Concealed Carry Improvement Act will remain in effect.

New York State Attorney General Letitia James released a statement regarding the court’s recent decision to issue the administrative stay on Judge Suddaby’s decision.

“I am pleased that the full Concealed Carry Improvement Act will stay in effect and continue to protect communities as the appeals process moves forward. My office will continue our efforts to protect the safety of everyday New Yorkers and defend our common-sense gun laws,” she said.

“The state has a temporary reprieve until the case is assigned to a three-judge panel,” St. Lawrence County Attorney Steve Button said.

Button is acting ‘of counsel’ for the plaintiffs in the case, serving in an advisory role to the plaintiffs attorneys.

Governor Kathy Hochul issued a statement on the administrative stay, applauding the decision.

“The interim administrative stay of the district court's temporary restraining order is an important and appropriate step and affirms that the Concealed Carry Improvement Act will remain in effect during the appeals process. My top priority will always be to keep New Yorkers safe, and we will continue working with the Office of the Attorney General to defend our gun safety laws,” she said

Despite the victory for the state, Judge Greg Suddaby’s decision to block six provisions of the CCIA is still out there, according to Button.

“‘Administrative stay’ does not have a precise definition in current doctrine, and the relationship between administrative and ‘regular’ stays is not clear cut,” Button continued.

In the case of the administrative stay put in place, Button said the length of the stay depends on how long courts take to decide a motion for a stay pending an appeal. In a case such as this, courts may be inclined to take more time with an administrative stay.

In his announcement on Oct. 6, Judge Glenn T. Suddaby ruled that specific provisions in the CCIA are potentially unconstitutional and ordered a temporary restraining order be put in place.

In the ruling, Judge Suddaby said the measures that require disclosure of social media profiles, in-person interviews with law enforcement and disclosure of all persons living with an applicant are to be temporarily restrained.

Judge Suddaby also ruled that provisions requiring an individual to demonstrate “good moral character” are also restrained 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.”

In the decision Judge Suddaby also ruled the “sensitive spaces” list was unenforceable but did say limitations in many areas like schools, government buildings, health care facilities, public demonstrations, polling places and similar locations where individuals may express their constitutional rights in a group setting.

In a twist to proceedings, Superintendent of State Police Kevin Bruen, who was listed as a defendant in the case, has resigned his position effective Oct. 7, according to a press release from Governor Hochul’s office.

“Today I accepted the resignation of State Police Superintendent Kevin Bruen. I thank him for his years of public service. First Deputy Superintendent Steven Nigrelli will serve as Acting Superintendent on an interim basis, as we conduct a thorough search for a Superintendent who can lead this department in its important work. The State Police have made tremendous progress in combating gun violence and keeping New Yorkers safe, and that must continue,” Hochul said.

According to St. Lawrence County Attorney Steve Button, the decision for Bruen to resign should have no effect on legal proceedings in the coming days.

A hearing for an injunction is also expected to be heard in the coming weeks, with the state required to file by Oct. 13. Gun Owners of America will then have to file by Oct. 20, after which time a court will schedule the hearing.

According to Button, that hearing could be scheduled as early as the end of October or the first week of November.