A Second Chance for the Second Amendment in New York?

Second Amendment advocates in the Empire State are appealing to the Supreme Court after setbacks at the circuit court level over New York state’s new gun law, the Concealed Carry Improvement Act. Passed in July, the law is seen by the Second Amendment advocates as an attempt to defy the high court’s ruling in New York State Rifle & Pistol Association vs. Bruen, a landmark vindication of the right to keep and bear arms in New York.The appeal, directed to Justice Sonia Sotomayor, says the riders of the Second Circuit of the United States Court of Appeals erred by siding with New York state in recent litigation over the new law. Two federal district court judges found that the new gun law in New York unconstitutionally infringes on the rights of gun owners. When New York state appealed those district court rulings, the riders of the Second Circuit put them on hold pending arguments in the cases, which are set for next month.The Second Amendment advocates contend the riders’ decisions have “the effect of indefinitely suspending the protections afforded New Yorkers by the Second Amendment and affirmed by this Court in Bruen.”The advocates in the case of Antonyuk et. al v. Nigrelli say the circuit riders allowed for New York’s “repudiation of Bruen back into effect without so much as a brief explanation.”One of the federal district judges in the litigation, Glenn Suddaby, struck down key provisions of the CCIA this fall, such as the requirement that applicants’ social media accounts be reviewed and that they demonstrate “good moral character.”New York’s attorney general, Letitia James, filed an appeal in the Second Circuit shortly thereafter, saying that the CCIA is a necessary regulation that protects the safety of the Empire State’s residents. Ms. James said that Judge Suddaby’s ruling posed “serious risk of irreparable harm to public safety and the possibility of regulatory chaos.”The Second Amendment advocates in this case argue the Second Circuit’s action goes beyond New York: “This case presents issues of national importance with respect to states that enact laws in explicits defiance of this Court’s decisions.” The advocates also note that the circuit riders have issued administrative stays with respect to two other cases related to the CCIA. “The Second Circuit,” the applicants write, “might find it appropriate to at least provide some basis for its decision to stay multiple lower court decisions that have faithfully applied the Bruen framework.”The gun rights advocates are asking the Nine to weigh several of the CCIA’s provisions. First, they ask that the justices reaffirm Judge Suddaby’s ruling that found New York violated the Constitution by requiring applicants seeking to carry a firearm in public to prove to state officials that they had “good moral character,” among other criteria. Applicants would also have to submit lists of their social media accounts for review by state officials.They also ask that the justices examine New York’s “sensitive places” regulation, which allows the state to ban weapons from certain spots, such as churches, office buildings, and private homes. Under the CCIA, New York City also extended the “sensitive places” concept to encompass an enlarged Times Square district at Manhattan.In a press release announcing the Supreme Court filing, Gun Owners of America’s senior vice president, Erich Pratt, said that the Second Circuit has denied New Yorkers their constitutional right to keep and bear arms in defiance of the Bruen decision.“Governor Hochul and state lawmakers wasted no time in passing legislation that completely contradicted the Bruen precedent, and we urge the High Court to once again hold the state accountable,” Mr. Pratt said.

A Second Chance for the Second Amendment in New York?

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