Antonyuk vs Somebody by Tom Reynolds
Antonyuk vs Bruen was formerly renamed Antonyuk vs Hochul and is now renamed Antonyuk vs Nigrelli (Nigrelli is the new head of the NYS Police). It is one of the big lawsuits against Hochul’s unconstitutional Concealed Carry Improvement Act (CCIA). The CCIA affects New York State Penal Law § 400.00(2)(f).
Antonyuk is being primarily funded by Gun Owners of America (GOA) in this expensive legal endeavor. SCOPE has contributed toward the expenses.
A statement in one legal filing defines the situation very well: “…the CCIA is…breathtaking in both its scope and its blatant unconstitutionality.”
It is worth noting that the lawsuit is filed in Federal Court and not in the NYS Court system since the latter is filled with Cuomo appointees. It also expedites its trip to the US Supreme Court. Of course, the federal courts have many Clinton, Obama and Biden appointees to get past. Thankfully, there are also judges nominated by Reagan, the Bushes and Trump. Elections do have consequences.
As it has bounced through the legal system between Circuit Courts and District Courts, there have been a number of judicial opinions going in opposite directions. See SCOPE email of November 17th which laid out the situation at that time. S.C.O.P.E. Shooters Committee On Political Education - Playing Ping Pong with Gun Owners (scopeny2a.org) We won’t try to take you through the confusing numbers of Temporary Restraining Orders, Preliminary Injunctions and Stays as Antonyuk is still alive and fighting its way through the judicial system.
Instead, we will give you the current status, as we understand it. What the law is today. (Disclaimer, SCOPE does not give legal advice. You are reading a non-attorney’s interpretation of the situation, bolstered by several articles in reputable journals and conversations with an attorney.)
CCIA is currently New York State law - at this moment - even though it is working its way through the legal system. The NYS government can – currently - enforce these amendments to the State’s Gun Law during CCIA’s current judicial journey.
There is a minor exception: the “Sensitive Locations” prohibitions to airports, places of worship, and private buses are temporarily not in force. (But no civilian may carry a firearm in airports under federal law.) Houses of worship and private buses can devise their own rules for the carrying of firearms. All other CCIA “Sensitive Location” provisions remain in force – at this moment.
After the CCIA was allowed to stay in force, an Emergency Petition was filed with the U.S. Supreme Court asking it to reverse the 2nd Circuit Court’s ruling and, in effect, put a hold on enforcement of CCIA. (We’ll keep you informed of this as events unfold.)
Each U.S. Supreme Court Justice oversees certain circuits and that justice deals with Emergency Petitions from that circuit. Probably unfortunately, Justice Sotomayor – who is not 2A friendly - oversees the Second Circuit. But she has allowed the case to proceed and gave NYS until January 3rd to respond.
Sotomayer had criticized the Supreme Court for overturning precedents when it overturned Roe v Wade on abortion. Sotomayer dissented in the Bruen decision but it is now precedent. So, the question is whether she will disregard the Bruen decision precedent – or not. (Sotomayer, like most of the liberal leadership, is not big on consistency when consistency gets in the way of their ambition.)
Once New York State files its response, there isn’t a timeline for Sotomayer’s ruling or the next step. And where it goes after the Sotomayer decision depends on the decision, so that is the subject for another e mail, sometime after January 3rd. (Note today’s date!)
