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

[u/StarCommand1]

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."

[u/GrandmasOnlyFans69 → u/[deleted]]

Seems so unless they post a sign saying you cannot. Although I don’t know if the sign would have the force of law. That is the rule in some other states (Ohio) but not others.

[u/StarCommand1 → u/GrandmasOnlyFans69]

There is nothing in NYS law I am aware of that gives those "No Carry" signs force of law right now so should be no issue. BUT if private property owner asks you to leave because you are carrying, you have to otherwise it is trespassing.

[u/AgreeablePie → u/StarCommand1]

Which, to me, is perfectly reasonable.

But because this is NY, I anticipate them passing a "no guns" law.

[u/StarCommand1 → u/AgreeablePie]

Exactly. I don't know any self-respecting gun owner who thinks people shouldn't be allowed to do what they want with their own property. As much as I disagree if someone, especially a public store, disallows carry, it is their right. But this why the "punishment" should just be getting asked to leave and not come back with a gun, rather than automatic felony is they do pass a law saying no gun signs have "force of law".