Okay, I admit it, I didn’t see this one coming. And it certainly wasn’t on my weird stuff bingo card for this year. The Niagara County, N.Y. District attorney agrees that the court should issue a preliminary injunction to stop the New York Concealed Carry Improvement Act.
Defendant agrees that the court should file a preliminary injunction against New York Concealed Carry Improvement Bill
A Defendant in Hardaway Jr. v. Nigrelli filed a brief at the federal appeals court to support the plaintiff’s request for a preliminary order.
Hardaway, Jr. against Nigrelli is just one of a number of challenges to New York’s unconstitutional gun control laws (below). The Second Amendment Foundation, Firearms Policy Coalition and Firearms Policy Coalition are the two main opponents. Citizens Larry A. Boyd, Jr., and Jimmie Hardaway, Jr., also joined the lawsuit.
In the case, Brian D. Seaman and John J. Flynn (Erie County District Attorney) are the defendants. The New York State Police Supt. Steven A. Nigrelli.
Seaman, Niagara County, N.Y. District attorney, reiterated the plaintiffs’ assertions that the gun control law was unconstitutional. The law prohibits concealed carrying in “sensitive places”, including places of worship, as reported below.
He states in his brief that he supports the application of a preliminary order “for the purpose to further a judicial decision as to the constitutionality New York Penal Law.”
He added, “Therefore, the Court should affirm the Decision and Order of the district court granting the Plaintiffs-Appellees’ application for a preliminary injunction.”
Moving up the Chain
Following Seaman’s brief Federal District Judge John L. Sinatra granted a preliminary injunction. The state appealed to U.S. Second Circuit Court of Appeals.
“While this is certainly a rare development,” said SAF Executive director Adam Kraut. “We welcome the concurrence by District Attorney Seaman in the effort to secure the preliminary order.” We are convinced that New York’s gun control program is completely unconstitutional. We are confident that the courts will stop the New York Legislature’s blatant attempt at circumventing the Supreme Court’s directives in its Bruen ruling.
Keep checking Personal Defense World for more information.
PDW reported the following on January 3, 2023:
As the law is subject to further scrutiny, the Concealed Carry Improve Act (below), in New York continues to be a story. It may only be a small part of the law but it is an important part for many. A trip of 1,000 miles starts with one step. Similar to the anti-Second Amendment leviathan, you must take each piece apart and dismantle it.
Federal Judge Files an Injunction Against New York Places of Worship Concealed Carry Law
It is an understatement to say that the New York Concealed Carry Improvement Act is a rollercoaster ride. The new law has been subject to scrutiny since its inception and has already faced many challenges. The law was temporarily blocked by an injunction. But, New York was able to enforce the ruling quickly after it was put on hold by anti-gun activist judges (below).
This does not stop individual challenges to the law from progressing and gaining ground. Particularly in Spencer v. Nigrelli which is the third case challenging the exclusion for concealed carry in places where worship. This case follows the Hardaway v. Nigrelli, and Antonyuk v. Nigrelli rulings.
Spencer v. Nigrelli was decided by Judge John Sinatra, Western District of New York. The law violated the rights of worshippers to carry guns and prevented them from exercising their religious beliefs freely.
Sinatra’s ruling states that “ample Supreme Court precedent addressing individual freedoms under First and Second Amendments of the Constitution dictates that New York’s new location of worship exclusionis unconstitutional.” The State fails to meet the Second Amendment test in Bruen, as in Hardaway. It fails to meet the First Amendment claims of Plaintiffs under the Free Exercise or Establishment Clauses.
Not Out of the Woods Yet
As you can see, the injunction could be placed on hold. The case will be sent to New York’s Second Circuit Court, which has a track record in upholding gun restrictions. According to the Reload, advocates will need to convince appellate judges, too.
The Daily Caller reports that the court acknowledged that no American should have to give up a constitutionally protected right to enjoy another. In a press release, Erin Murphy, partner at Clement & Murphy and one of the firms that first filed the lawsuit, stated that houses of worship have a constitutionally protected right to decide whether they allow legally possessed firearms into the facilities.
According to reports Sinatra’s ruling was based on the belief that the law does not discriminate between private property owners and religious institutions.
He says that there is no evidence to support the belief that secular business owners are better qualified than religious leaders to decide whether to allow armed defense on their property.
Along with religious leaders, he believes that churches have a duty of care for members of the church who are based on genuine religious belief. It remains to be seen if the injunction will hold, but this has become a fight on two fronts – the First and Second Amendments.
PDW reported the following on December 12, 2022:
We reported in November that a U.S. district judge had suspended the New York Concealed Carry Improvement Act (below). His reasoning was that the law contained too many constitutional problems. It was a huge win for New York gun owners but it didn’t last.
Federal Court allows New York to enforce new concealed carry law
The 2nd U.S. District Court Judge Glenn Suddaby ruled last Wednesday, December 7. Circuit Court of Appeals put off most of a ruling by U.S. District Court Judge Glenn Suddaby. This means that the law is still in effect and New York can enforce it.
Concealed carry is now prohibited in “sensitive areas”. A large portion of New York has been declared a gun-free zone. To obtain a concealed carry permit, applicants must again prove their moral character and turn over all social media accounts.
According to the AP, “The appeals panels on Wednesday continued a stay in effect a week after Suddaby ruled while they consider a motion from government officials challenging the injunction.”
The Appellate court should also decide that the law is in violation of the Constitution as Suddaby did and reinstate the injunction. It all depends on the court’s political balance. It remains to be seen.
New Yorkers will remain defenseless against rising violent crime in their community for the moment. It is possible to only hope that the court will quickly make a decision. However, there is no information on when the court will address the case.
PDW reported the following on November 8, 2022:
New York State Rifle & Pistol Association, Inc v. Bruen was the latest ruling. Governor Kathy Hochul reacted to the Supreme Court’s decision and created new legislation. The New York Concealed Carry Improvement Act introduced a new set of laws throughout the state. The act made New York City virtually a gun-free zone. Gun Owners of America reacted strongly to this.
The New York Concealed Carry Improve Act
Hochul, in typical Democrat fashion, screamed at the Supreme Court when it didn’t go her direction. It would be irresponsible for us to give in to the reckless decisions of others. Right?
According to Fox News, the Democratic New York Governor. Kathy Hochul said that her state is only just getting started with gun restrictions after Thursday’s Supreme Court decision to strike down a state gun control measure.
She kept her promise and created the Concealed Carry Improvement Act. It appears that the legislation is a tool to bully concealed carry license applicants and gun owners.
The new state law also imposes unconstitutional requirements for concealed carry permits. The law, for example, requires more extensive background checks for anyone applying for a license.
It also prohibited concealed carry license holders from concealing in public areas. It is also a crime to carry concealed weapons on private property without permission. Time Square was immediately declared a no-go area for concealed carry.
Leaked documents advising law enforcement that gun owners were guilty until proven innocent are the most outrageous bully tactic. This is not only illegal, but also downright dictatorial and authoritarian. What is the favorite word of the Democrat for this type of behavior? That’s right. Fascist.
As it turned out, Governor Hochul’s temper tantrum was not appreciated by a New York federal court. The judge also did not allow Hochul to bypass the highest court in the country.
Judge issues preliminary injunction against New York Concealed Carry Improvement Bill
Gun Owners of America filed a lawsuit against the new law, as you probably know. GOA was able, for NY gun owners to obtain a preliminary injunction as it continues with the case.
According to Reuters, “Judge Glenn Suddaby of U.S. District Court, Syracuse” issued the order at the request of six New York residents. Gun Owners of America competes with National Rifle Association for political influence.
This means that concealed carry laws have been suspended, while GOA continues litigation against the unconstitutional act. Judge Glenn Suddaby stated that the law has imposed “unprecedented Constitutional violations” and has therefore suspended the following provisions:
Requiring good moral character
We need the contact information and names of spouses and other adults living in the applicant’s house.
For review, applicants must disclose social media accounts
The restrictions on carrying in public parks and zoos, places where alcohol is served, theaters and banquet halls, as well as the prohibition against carrying on private property without the owner’s express consent
He did however keep in place certain restrictions for schools, courtshouses and polling places.
A big win for Second Amendment Rights
This is a major win for the Second Amendment and gun right, while also dealing a major blow to the gun control lobby. It could also send a clear message for other states that are closely watching.
Reuters continues: “The fate New York’s new law will be watched closely by leaders from California, Maryland and many other large states with gun regulations that the Supreme Court deemed unconstitutional.”
The American people are also closely watching. Kathy Hochul’s attempt at circumventing the rule of law must be stopped. We live in a Constitutional Republic which means that there are checks to stop authoritarian rule. Gun Owners of America and other organizations are fighting against such stunts.
Following the decision, Erich Pratt (GOA’s Senior Vice President) issued the following statement.
“Just as we warned politicians following the Bruen decision. We will force you to follow our lead or fall in line. We are thrilled to see Kathy Hochul finally serve a plate of humble pie. We are ready to fight her again if she attempts to disarm citizens of her state, at a moment when her party’s policies only increase the danger that everyday citizens are facing.”
Sam Paredes, representing the Board of Directors of the Gun Owners Foundation, also added:
“This is very exciting news for New Yorkers, as today liberty won, and tyranny was defeated. The GOF and allies are fully prepared to defend the ruling against the absurd appeals that Albany’s anti-gunners will inevitably make.”
Judge Suddaby’s decision gives us renewed hope that the process will continue to work. We must be vigilant and keep our feet on the ground because Hochul may ignore previous rulings and try again.
Unless she votes out today. Go vote.
Continue Reading
Are you still having trouble finding what you were looking?
Search
The post Defendant in Case Against New York Concealed Carry Law Agrees With Injunction appeared first at Personal Defense World.
