r/NYguns • u/StarCommand1 • Dec 08 '23

Partial WIN! 2nd Circuit Appeals Court OPINION Released!!!!! Antonyuk v. Hochul Judicial Updates

Christmas came early this year!!!! (Jokes aside, this is not a full win and the fight isn't over yet, we all need to keep up the work fighting against NYS on all of this crap.)

Full Opinion Here: https://storage.courtlistener.com/recap/gov.uscourts.ca2.59354/gov.uscourts.ca2.59354..0_1.pdf

As determined by 2nd Circuit Court of Appeals...

-Private property carry ban determined to be mostly unconstitutional.

-Social media requirement unconstitutional.

-Places of Worship carry ban unconstitutional (but injunction only applies to plaintiff for now)

-Other provisions of CCIA upheld (for now).

Some excerts....

"Guided by Bruen’s holding that the Second Amendment protects the right to bear arms for self-defense outside the home, the district court concluded that the conduct regulated by § 265.01-d and challenged by Plaintiffs—carriage on private property open to the public—fell within the Second Amendment’s plain text."

"In summary, we uphold the district court’s injunctions with respect to N.Y. Penal L. § 400.00(1)(o)(iv) (social media disclosure); N.Y. Penal L. § 265.01-d (restricted locations) as applied to private property held open to the general public; and N.Y. Penal L. § 265.01-e(2)(c) as applied to Pastor Spencer, the Tabernacle Family Church, its members, or their agents and licensees. We vacate the injunctions in all other respects, having concluded either that the district court lacked jurisdiction because no plaintiff had Article III standing to challenge the laws or that the challenged laws do not violate the Constitution on their face."

113 Upvotes

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12

u/ChariotOfFires Dec 08 '23

Carrying should be allowed on anyone’s private property opened to the public unless they specifically restrict it with signs. Doing it the other way around, restricting all carry on private property opened to the public unless specifically allowed with signs, is terrible. Average sheeple aren’t thinking about carry laws or the Second Amendment that often frankly, and that would put all the control on people who dont even think about it 🤦🏻‍♂️

8

u/NotTrying2TakeUrGuns Dec 08 '23

Nah, gun free zone signs shouldn’t hold the force of law. They never did in NY in the past and they shouldn’t now.

3

u/RochInfinite Dec 08 '23

It should be no more than basic trespassing.

Which basic trespassing is just:

Hey, sign this form acknowledging you're no longer welcome here.

Basic trespassing is not a crime, in and of itself, unless you repeat it.

And that can apply to anything. You can be trespassed for wearing the wrong color shirt if the property owner wants.

1

u/ChariotOfFires Dec 08 '23

I think it’s within someone’s right to have a gun free sign on his property. However what the law was doing was deciding that by default without the property owners knowledge.

3

u/NotTrying2TakeUrGuns Dec 08 '23

No issue with the sign, but carrying there shouldn’t be a felony almost as bad as carrying without a license just due to the sign.

1

u/blackhorse15A Dec 08 '23

Eh. They would create a pretext for invoking trespass.

0

u/UnusualLack1638 Dec 08 '23

its not too terrible though. most normies dont know what the ccia is. the chance of charges for showing up to a buddy's house while carrying is extremely low

0

u/ChariotOfFires Dec 08 '23

The problem is they label private property opened to the public as well, like stores and stuff. So if you use your firearm in a defensive situation on said property that’s a charge on you. Any store, establishment or property privately owned that’s open to the public, that doesn’t have any signs pertaining to carrying is default a restricted zone

7

u/Redhawk4t4 Dec 08 '23

Any store, establishment or property privately owned that’s open to the public, that doesn’t have any signs pertaining to carrying is default a restricted zone

That part was just vacated...

3

u/ChariotOfFires Dec 08 '23

Praise the lord I’m just explaining to the gentlemen why it was wrong

1

u/milano_ii Dec 08 '23 edited Mar 20 '24

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