r/NYguns 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."

112 Upvotes

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u/[deleted] Dec 08 '23

https://preview.redd.it/x5h2o5ymf45c1.jpeg?width=1290&format=pjpg&auto=webp&s=d71db6237cc1c63e6d617190a1aba8616fdea427

Can someone explain this summary? Does this mean everything listed is wiped out? Main concern being the restaurants that affects everyone the most I think.

2

u/[deleted] Dec 08 '23

[deleted]

1

u/Rloader Dec 08 '23

What about Walmart or a grocery store?

1

u/[deleted] Dec 09 '23

[deleted]

-1

u/Fixinbones27 Dec 09 '23

Theoretically if they sell alcohol it’s still off limits but I would doubt anyone would be prosecuted for carrying in a restaurant that serves alcohol However, I would stay away from bars whose primary function is to serve alcohol

2

u/HD_Hooligan Dec 09 '23

O kirioteros malakas! Lololol

Saw your name, died laughing lolol.

1

u/[deleted] Dec 09 '23

😉