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Will the Supreme Court strike down New York's gun law?

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Posted at 4:44 PM, May 04, 2022
and last updated 2022-05-05 17:07:46-04

BUFFALO, N.Y. (WKBW) — New York's 108-year-old handgun licensing law is in jeopardy.

"I think New York's going to lose it. I think NYSRPA is going to be successful in this case," James Tresmond, an attorney at Tresmond Law, said.

New York State Rifle and Pistol Association v. Bruen is a case before the Supreme Court examining one of the state's gun laws.

The law requires anyone who wants a license to carry a concealed weapon to show "proper cause" for the license, which means applicants must show a special need to defend themselves rather than just wanting to protect themselves or their property.

"New York has one of the most restrictive gun laws in the country," Tresmond said, "We at this law firm believe that anyone who passes a mental health check has the right to possess a firearm."

The Supreme Court heard this case back in November.

"I mean from the the questions the judges were asking during the trial period, or the review period, this law, this New York State law may go down. If it does, there's going to be a whole new set of problems for New York State," Tresmond said.

If the Supreme Court says this law is unconstitutional, Tresmond said New York is going to have to completely rewrite its gun laws.

"It'll be back to the drawing board with regard to strict scrutiny or intermediate scrutiny. They'd have to tailor those laws to see if they'd cut the mustard under either one of those scrutinies," Tresmond said.

The law could be deemed unconstitutional at a time when cities across the state are experiencing an uptick in gun violence.

"It's not really the time. We should be making them more stringent. This is the time to make them more stringent. It sends a signal to the community," Pastor James Giles, President and CEO of Back to Basics Outreach Ministries, said, "Meaning all these communities that are facing a huge number of funerals, putting away their loved ones before their time, it's a huge signal that somebody, up in some system, do not care about the fact that guns, legal and illegal, are taking lives."

It's hard to tell when the Supreme Court will make its decision, but it could be coming very soon.

"I would say probably this month, maybe June at the latest," Tresmond said.