Saturday, February 4th, 2023
Saturday, February 4th, 2023

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Sportsmen Since 1967

SCOTUS holds off ruling on New York gun lawsuit

Washington, D.C. — The Supreme Court of the United States has accepted New York State’s request to keep the Concealed Carry Improvement Act in place as litigation against it continues.

This keeps on hold a federal judge’s November ruling in the Antonyuk v. Nigrelli case that rolled back provisions of the law, including one that establishes a list of sensitive areas. 

While there were no dissenting votes, a statement issued by Justice Samuel Alito said that the decision is not “expressing any view on the merits of the case” and the challengers “should not be deterred.” Justice Clarence Thomas joined Alito in the statement. 

RELATED CONTENT: SCOTUS asked to rule on Antonyuk lawsuit

In June, SCOTUS ruled in the NYS Rifle and Pistol Assoc. v Bruce case that individuals have a right to bear arms outside their own homes under the Second Amendment. New York Gov. Kathy Hochul responded, and on July 1 the Concealed Carry Improvement Act – which includes widespread gun restrictions beyond handguns – was passed during an extraordinary session of Congress. 

A series of lawsuits followed, in some cases resulting in temporary restraining orders and injunctions placed on portions of the CCIA, which were followed by stays issued by an appeals court at the request of New York Attorney General Letitia James. There is also a lawsuit pending against the numerous restraints and requirements the legislation has placed on gun dealers.

Judge Suddaby’s Nov. 5 injunction in the Antonyuk v. Nigrelli case halted the state police and local officials named in the lawsuit from enforcing some provisions of the CCIA, including:

  • The restrictions on carrying in public parks, zoos, places of worship, locations where alcohol is served, theaters, banquet halls, conferences, airports and buses, lawful protests or assemblies, and the prohibition on carrying on private property without express consent from the owner;  
  • Requiring good moral character; 
  • Requiring the names and contact info of spouses and other adults in the applicant’s home; 
  • Requiring applicants to disclose social media accounts for review.

After successful appeals of this and other cases, SCOTUS was asked to rule on the Antonyuk case. James’ office had until Jan. 3 to respond, at which time they requested the stay remain as appeals to the Antonyuk and two other cases challenging New York gun laws were about to begin hearings. 

A favorable ruling from SCOTUS would have put Suddaby’s injunction back in place while various other lawsuits are sorted out.

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