A federal appeals court has ruled in favor of New York City’s contentious gun permit law, upholding officials’ ability to deny applications based on an applicant’s “good moral character.” The decision from the U.S. Court of Appeals for the Second Circuit reverses a lower court’s previous ruling that blocked the law and deemed it unconstitutional under the Second Amendment.
The case began with Joseph Srour, a New York resident whose gun permit application was denied due to prior arrests and traffic violations, despite never being convicted of any crime. Srour argued that this denial infringed on his constitutional rights, and in 2023, a U.S. district judge sided with him, asserting that New York officials had failed to prove their restrictions were consistent with the historical tradition of firearm regulation as established by a 2022 U.S. Supreme Court decision.
New York City’s legal representatives appealed this ruling, and the Second Circuit stayed the lower court’s order temporarily, allowing the law to remain in effect. Srour then petitioned the U.S. Supreme Court for relief, but Justice Sonia Sotomayor declined his request to lift the stay.
On Monday, the appeals court upheld the law, citing a twist in the case: Srour had since been granted a gun permit by city officials. We now hold that because Srour has been granted the very relief he sought, the case before us is moot, and we lack jurisdiction to hear the merits,” wrote Circuit Judge Eunice C. Lee on behalf of the panel.
As a result, the panel vacated the prior ruling that blocked the law and dismissed New York City’s appeal as moot, returning the case to the district court to dismiss the portion dealing with the “good moral character” requirement. However, Srour’s claims that the city’s initial rejection of his application violated his Second Amendment rights remain unresolved, according to his attorney, Amy Bellantoni.
Mr. Srour’s plenary claim for the city’s violation of his Second Amendment rights remains alive and well,” Bellantoni told The Epoch Times.
The New York City Law Department welcomed the ruling, with a spokesperson stating, “We are pleased with this court ruling which keeps an essential part of the city’s sensible rifle and handgun permitting law in place.
The case has reignited debate over the balance between public safety and individual rights. New York City officials had initially denied Srour’s permit application on the grounds that he failed to disclose his arrest history and cited his driving record as further evidence of poor moral character. Critics, however, see this decision as a troubling precedent. Bellantoni pointed out that despite Srour’s current permit status, he remains vulnerable to future “at will” suspensions or denials based on the city’s broad interpretation of what constitutes a change in “status.
The court’s ruling emphasizes the lack of a “reasonable likelihood” that Srour will face the contested “good moral character” standard again unless he is arrested or breaks the law. This unanimous decision from Judges Eunice C. Lee, Pierre N. Leval, and Raymond J. Lohier Jr. underscores a significant moment in the ongoing battle over gun rights and regulatory powers in one of the nation’s most populous cities.
