Playing Ping Pong with Gun Owners by Tom Reynolds
On August 31st, the GOA-NY lawsuit against NY’s Concealed Carry Improvement Act (CCIA) – Antonyuk v Hochul - was dismissed by U.S. District Court Judge Glenn Suddaby because the plaintiff lacked standing. Presumably, this was because the plaintiff had not yet violated the law.
At that point, the CCIA was still in effect.
GOA-NY then filed a new lawsuit that cured the lack of standing; several plaintiffs declared under oath their intention to violate the law.
On October 6th, the same District Court Judge issued a decision on the GOA-NY lawsuit. He ruled that the CCIA violated the 1st, 2nd, 5th and 14th Amendments and issued a Temporary Restraining Order against several (but not all) parts of CCIA.
At that point, major parts of the CCIA were not in effect.
New York State, under Attorney General Letitia James filed a motion for a temporary pause on the Judge Suddaby’s decision while she appealed that decision. (Of course she did, since she is working on the taxpayers’ dime.)
On November 15th, United States Second Circuit Court of Appeals Judges Robert Sack, Richard Wesley and Joseph Bianco granted an Interim Temporary Injunction while the legal challenge makes its way through the courts. (This is not a decision on the case, it just lets CCIA stay in effect while the case is being appealed.)
At this moment,the entire CCIA is in back into effect.
A three-judge panel of the Second Circuit Court of Appeals should next hear the full case.
Their decision can then be appealed to be heard by the entire Second Circuit Court sitting in en banc.
Decisions of the Circuit Courts are binding on all courts in its jurisdiction.
Actually…the CCIA is not entirely back into effect.
There have been numerous other law suits filed against CCIA and in a narrower one (Hardaway v. Nigrelli) on November 3rd, U.S. District Judge John Sinatra, Jr. granted a request to stop enforcement of CCIA’s outlawing of carrying guns in a house of worship. According to Sinatra’s order, the Temporary Restraining Order “…shall remain in effect pending disposition of case on the merits”.
There is some confusion as to whether this ruling means anyone can carry or only designated security can carry in a house of worship. However, the ruling would appear to allow worship centers to set their own rules on who can carry. Thus, a pastor or rabbi could decide that any and all congregants who possess a concealed carry license can be tasked with keeping the peace during services.
On November 15th, Letitia James filed an appeal of this Temporary Restraining Order. This appeal has not yet been heard.
As of now, the CCIA restriction on houses of worship is not in effect.
At a time of year when many gun owners are hunting, be careful out there; you may be a felon and don’t know it. Perhaps, by the time your trial occurs, there will be some decision and you will no longer be a felon.