Federal Judge Finds New York City ‘Moral Character’ Gun Regulation Unconstitutional

New York City can’t deny firearm applicants based on its assessment of their “moral character,” a federal judge ruled Tuesday.

U.S. District Judge John P. Cronan, a Trump appointee, struck down part of the city’s gun restrictions that provides for denying a license when the applicant is not “of good moral character” or “good cause exists for the denial of the license.” Cronan found that the “magnitude of discretion” the law gives licensing officials is unconstitutional under both the Second and Fourteenth Amendments.

“The constitutional infirmities identified herein lie not in the City’s decision to impose requirements for the possession of handguns, rifles, and shotguns,” he wrote. “Rather, the provisions fail to pass constitutional muster because of the magnitude of discretion afforded to City officials in denying an individual their constitutional right to keep and bear firearms, and because of Defendants’ failure to show that such unabridged discretion has any grounding in our Nation’s historical tradition of firearm regulation.”

The plaintiff in the case, Joseph Srour, sued the city after his firearm application was denied because officials found his prior arrests and “derogatory driving record” demonstrated “poor moral judgment and an unwillingness to abide by the law,” according to court documents.

Cronan pointed to the Supreme Court’s June 2022 ruling in New York State Rifle & Pistol Association, Inc. v. Bruen, which struck down New York state’s concealed carry law. The regulation at question in this case similarly prevents “law-abiding citizens with ordinary self defense needs from exercising their right to keep and bear arms,” the judge wrote.

The ruling will not take effect until midnight Thursday.