Federal Judge Declares Gun Ban “Unconstitutional”

In a pivotal ruling, a federal judge from the United States District Court for the Southern District of New York has declared an effective gun ban as “unconstitutional.” This decision is perceived as a setback for Democrats who have been pushing for more stringent gun control regulations.

The case revolved around Joseph Srour, a resident of Brooklyn. In 2018, Srour applied to the New York City Police Department (NYPD) License Division to own rifles and shotguns in his residence.

The subsequent year, he also sought a license for handguns. However, both his applications were rejected in 2019. The denial was based on Sections 3-03 and 5-10 of Title 38 of the Rules of the City of New York (RCNY).

The License Division’s Appeals Unit highlighted Srour’s past arrests, driving record, and alleged false statements in his applications as the main reasons for the refusal.

Judge John P. Cronan, overseeing the case, based his judgment on the Second Amendment, which clearly protects “the right of the people to keep and bear Arms.” Judge Cronan emphasized that owning firearms for lawful reasons undoubtedly falls under the Second Amendment.

The court pinpointed the issue to be the vast discretion the New York City regulations provided to licensing authorities.

The judge determined that these rules did not align with the country’s historical firearm regulation tradition. The court particularly disagreed with clauses allowing the refusal of a firearm permit based on an official’s subjective assessment of the applicant’s “good moral character” or if the official identified “other good cause.”

The court deemed these criteria as too vague and without historical backing in the U.S.

As a result, these clauses were labeled as inherently unconstitutional. Highlighting the importance of this decision, the court approved Srour’s request for declaratory and injunctive relief related to specific parts of the New York City Administrative Code and the earlier versions of Sections 3-03 and 5-10 of Title 38 of the RCNY.

This judgment not only represents a win for Srour but also has wider implications. It questions the discretionary and optional licensing of firearms in New York City, upholds the integrity of the Second Amendment, and could potentially impact future gun rights and regulation cases.