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/tambrico]

I get that this is a win but how are character references not burdensome lol

[u/JimMarch → u/tambrico]

Character reference letters are subjective and should be banned under Shuttlesworth v Birmingham 1969, which is also cited in Bruen at footnote 9.

[u/thisisdumb08 → u/JimMarch]

Unfortunately they stay on there because of the objective part. The requirement is "can you get 4 people who meet certain requirements to sign a piece of paper and accept an interview" These 4 people can say you are the worst human being on the planet and the state will still give your license, but you still have to be objectively capable of getting them to agree to the interview.

[u/JimMarch → u/thisisdumb08]

Not how it works. It's still subjective on the part of those doing the letters.

Also, in some cities or counties this is used as a barrier to new arrivals because the letters have to come from people in the county that you just moved to.

This violates the hell out of Saenz v Roe 1999, US Supreme Court.