Gun rights advocates looking to overturn New York’s “sensitive places” law have suffered a big loss in a Manhattan courtroom.
The 2nd Circuit Court of Appeals ruled on Thursday in Antonyuk et al. v. James that the law banning people from carrying weapons in locations such as schools, parks, theaters and bars is constitutional under the Second Amendment. The court also declared constitutional the state’s restrictive “good moral character” requirement for getting a concealed carry permit.
Last December, the 2nd Circuit Court ruled that the law was constitutional, and plaintiffs then appealed to the U.S. Supreme Court. But rather than taking up the case, the Supreme Court ordered the 2nd Circuit to reconsider the case in light of its decision in the recent Rahimi case. In its Thursday decision, the appeals court said the Supreme Court analysis in the Rahimi case supported its prior conclusions.
Erich Pratt, president of Gun Owners of America (GOA), expressed frustration with the ruling since the Supreme Court had sent the case back for reconsideration.
“The 2nd Circuit got it wrong the first time, SCOTUS told them so and said try again, and this nearly identical ruling is a slap in the face to the Justices and every gun owner across New York,” Pratt in a press release. “We will continue the fight against Gov. Hochul and anti-gun legislators in Albany until New Yorkers can finally carry for self-defense without infringement.”
Of course, New York Attorney General Letitia James had grand praise for the court following the ruling.
“This decision is another victory in our effort to protect all New Yorkers from the scourge of gun violence,” James said in a released statement. “Commonsense gun safety legislation helps protect New Yorkers.”
Earlier this month a district court in New York permanently enjoined the state’s law banning guns on private property open to the public without express consent of the owner.
In the case Christian v. James, U.S. District Judge John. L. Sinatra of the U.S. District Court for the Western District of New York wrote in the ruling that the state’s arguments concerning past “similar” laws weren’t convincing enough.
“Regulation in this area is permissible only if the government demonstrates that the new enactment is consistent with the Nation’s historical tradition of sufficiently analogous regulations,” the court stated in the ruling. “Indeed, property owners have the right to exclude. But the state may not unilaterally exercise that right and, thereby, interfere with the long-established Second Amendment rights of law-abiding citizens who seek to carry for self-defense on private property open to the public.”
Well that’s where NY is likely to leave off till the election, lots of B’s in how to get the permit and slightly loosened allowed locations of carry. On to see what election shenanigans the Democrats get up to this year in NYC, Buffalo, Syracuse, and Albany.
Again Gun Control the Agenda Historical Analogies Confirm is Rooted in Racism and Genocide SCORES! And some pantywaist Gun Talking blowbag told me to get a Law Degree so I could define Gun Control by its History for a court. Somehow in his tiny mind Gun Control the accuser in these cases must be exempt from cross examination.
Gun Control scumbags can object to hearing Historical Analogies Confirm Gun Control is Rooted in Racism and Genocide but by then the toothpaste is out of the tube. Problem is the gutless wonders who should at least point a finger at Gun Control in these lopsided cases and elsewhere do not have the balls to do so. Educate yourself…
h ttps://youtube.com/watch?v=iFxwlK8M2Hk&feature=shared
Kindly fuck off you know nothing about my state or it’s affairs.
New York is a crime ridden sh*t-hole run by communist who ignore the US Constitution, and prevent law abiding citizens from exercising their right of self-defense…while letting the criminals walk the streets freely and commit crimes without consequence.
That’s all any one needs to know about your “state or it’s affairs”.
Your comment below belies this comment a bit. You are not entirely wrong at the macro level but NYC is the key to it’s accuracy and why Bruen ever had a chance of existing. Make sure your region makes use of it.
Yeah. Except the fact something good came as a result of the corruption in the communist state of NY, does not change the fact it remains, as JimB says, “a crime ridden sh*t-hole run by communist who ignore the US Constitution, and prevent law abiding citizens from exercising their right of self-defense…while letting the criminals walk the streets freely and commit crimes without consequence.”
Both of his comments are 100% sopt-on. So, I’m guessing you are probably a Harris supporter who supports the 2A, but…..
So you are either new or a retard. Welcome to the chat anything of value to contribute?
NY is a beautiful state, actually, with stunning geography and a lot of important history. You are correct that it is saddled with tyrannical government and corrupt courts. NY and states like it are the front lines of the fight for our 2A rights. So maybe show some respect when you type about it from the safety of a state that (presumably) still abides by the constitution.
I do understand his sentiment even if I don’t like how it covers the whole state. I just hope he is helping his own state advance everything they can by ballot or by court and shore up weak points for the next power shift.
this is a direct result of all of those not sees congregating in madison square garden.
Personal opinion #1:
Very few politicians honestly believe that a violent person who is willing to maim, rape, and/or murder will follow laws which prohibit being armed in so-called “sensitive” places.
Personal opinion #2:
Politicians ban being armed in so-called “sensitive places” simply to claim that they are “doing something about violent crime” and, more importantly, to punish their political enemies who reject the narrative that the Almighty State will protect them.
A false palliative to the frightened masses. Also known as a snow job, or the blue pill.
Classic incrementalism.
Lol no, accelerated seizure possibly but we left incrementalism behind somewhere during Covid.
Did you see that gun I’m carrying?
Didnt think so.
It’s concealed.
,,,,,sensitive places.
Like deep appendix carry or the I smuggled a pistol into jail using the old butthole holster trick.
Hm, the 2nd Circuit Court of Appeals just flipped off SCOTUS. This is back to pre-Bruen. “Of good moral character”, who is to choose?, any conservative won’t be on the ‘approved list’. Who qualifies?, well, red diaper doper babies of course.
The Sullivan act shows how long New York has been passing laws to limit the rights of political opponents. It’s a time honored tradition in New Yorkistan.
True. That it was passed before women had the vote just adds to their shame.
The incident that enabled passage of the Law was a crime of passion in Times Square, iirc. An all male love triangle – the surviving member was a newspaper man. Sullivan was a gangster politician who was having trouble intimidating independent types. It was a match made in Hell.
The last time New York pissed off SCOTUS, we got the Bruen decision. What rewards will New York thumbing their noses at SCOTUS get us this time?
SCOTUS needs to discover a mechanism to personally punish bimbos such as Lecretia James and these lawless minor judges.
I’m sure there can be found a precedent in the annuals of US law (likely during the lawlessness of Lincoln’s Civil War era over reach)
With any luck a final decision that takes away yet more oppressive tools from the rest of the country’s would be dictators and allows for more, cheaper, and better firearms accessable to all citizens. Sucks we (as well as NJ CT MD CA IL WA OR CO WI HI and probably NM) will have to go through a few more rounds of this for the next several decades but it should improve my retirement states considerably re firearm laws
SAFEupstateFML,
Better add Michigan to your list: Michigan has the second longest list of “prohibited places” (referring to locations where Michigan has declared it illegal to be armed for righteous self-defense) in the United States, second only to Illinois.
Well damn …….how are they doing on district and circuit level cases thus far?
Back to SCOTUS it goes. This is how we ended up with Bruen.
Comments are closed.