NEW YORK — A judge’s gun-control ruling on Friday allowed him to keep his gun license, a victory for gun-rights advocates who said his ruling was needed to protect law-abiding gun owners.
The ruling from U.S. District Judge Theodore Chuang in Brooklyn came as President Donald Trump is considering a new gun-ban proposal.
The ban is set to go into effect July 1.
The judge said the state has a legal obligation to ensure that gun owners are not unfairly denied licenses and that he was upholding that duty by denying the licenses for those who did not meet those requirements.
Chuang wrote that the state’s decision to deny licenses to those who failed to meet a specific requirement is not a valid excuse for not complying with the rules.
“The State is entitled to determine that a particular individual who does not meet the minimum requirements to obtain a license is not qualified to possess a firearm for lawful purposes,” Chuang wrote.
“It is a reasonable inference that the State would not be able to justify the denial of a license for a person who meets those minimum requirements, and therefore it would not constitute an arbitrary or capricious action under the Second Amendment.”
The ruling came as a federal appeals court in New York issued a ruling last week that found a New York judge can refuse to issue a gun-license to an individual who fails to meet state requirements for a gun license.
The judge said that state law, which requires background checks for all gun purchases, does not apply to people who are temporarily denied a license because they have mental health issues.
“As the Ninth Circuit has recognized, the Second Ammendment protects a person’s right to own a gun for lawful purpose only if that person does not possess a prohibited firearm,” Judge Amy Berman Jackson wrote in her opinion.
Jackson said the judge is “not saying that someone who does possess a gun is necessarily incapable of lawfully possessing it.”
She added that “a license to purchase a firearm is a license to exercise a fundamental right, not a license.”
The Justice Department, which brought the lawsuit, has been working to get the case dismissed and argued in court that the judge’s ruling was premature and lacked legal basis.