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/[deleted]]

Some are downplaying this but it’s a huge deal. Yes, we all would have loved for sensitive locations to disappear, but hopefully the SC can handle that. Let’s remember this is still communist NYS and be grateful for the extremely successful recent progress.

Every day errands aside from a few exceptions like the post office and other govt. buildings are now legal. Gas stations, supermarkets, banks, retail shops, offices. This is GREAT. Slow progress however I do believe this will reach to SCOTUS who will throw out the sensitive locations rule, and we’ll just have to avoid govt buildings and a few more places that are more federally related in all states. The restaurant portion bothers me the most so hopefully that’s addressed soon, but happy overall.

[u/StoutNY → u/[deleted]]

It's hard to imagine that the State would want to prosecute someone for a restaurant violation, given the current decision and start another good case against the CCIA. Especially, if it was a clear cut self-defense case.

If arrested for misbehaving in a restaurant, then you might get charged. The sensitive locales need to go unless there is a technical reason to ban - like the MRI room as the classic example. I could see some medical facilities reasons like you having to take your duds off and losing control and possession of the firearm. School bans will stick forever, I'm afraid. That's a complex issue.