U.S. Supreme Court Justice Clarence Thomas has moved to consider a challenge to New York's provision of the Concealed Carry Improvement Act on background checks for ammunition purchases that went into effect a few weeks ago, according to Supreme Court records.
Thomas agreed to bring the case to the full court for a conference day on Oct. 6.
Supreme Court Justice Sonia Sotomayor rejected a similar request a day before the new measures took effect on Sept. 13.
Gun retailers now go through New York State Police instead of the National Instant Criminal background check system, or NICS, and the state now requires checks not just for firearms but ammunition purchases and charging fees of $9 and $2.50 respectively each time. The law also requires periodic onsite inspections of firearms dealers.
Plaintiffs who filed the lawsuit argued in court paperwork that the law is unconstitutional, in part because it misuses the federal background check system beyond its intended purpose.
Republican Assemblyman Robert Smullen said in a statement Monday that he backs Thomas’ move to consider the case.
"This heavy-handed legislation has over-complicated the state's system for conducting background checks, and it will leave irreparable damage in its wake for New York citizens who are simply exercising their 2nd Amendment rights,” Smullen said.
Gov. Kathy Hochul said at a press briefing on Tuesday that the current law remains in effect and she believes it will stand up to judicial scrutiny.
“We believe our law is constitutional and we will stand by it," she said.