Second Amendment Groups Challenge New York Carry Bans
New York state’s cynical response to the landmark NYSRPA v. Bruen case, which affirmed a Constitutional right to carry firearms, was to defy that decision completely. New York’s politicians, lead by authoritarian N.Y. Governor Kathy Hochul, passed legislation (S51001) that put nearly all of the state “off-limits” to persons with carry permits. The goal was to render New York CCW permits essentially useless because CCW use was geographically forbidden throughout the state. Thankfully, Second Amendment advocacy organizations FPC and SAF have now challenged these new restrictions in New York state.
CLICK HERE to Read FPC/SAF Legal Argument for Injunction »
The Firearms Policy Coalition (FPC) has filed a motion for preliminary injunction in Boron v. Bruen*, its lawsuit challenging New York’s “sensitive location” handgun carry bans in public parks, public transportation, and all private property without express consent. The motion can be viewed at FPCLegal.org. That new legislation, S51001, banned carry nearly everywhere, including public buildings, shopping centers, parking lots, train stations, parks, and countless other locations.
The FPC’s lawyers note: “Under S51001, ‘ordinary, law-abiding citizens’ … are again prevented from carrying handguns in public for self-defense in almost all corners of the State, except in what Governor Hochul said were, ‘probably some streets’.” The FPC’s motion to enjoin enforcement of the new law adds that: “S51001 makes a mockery of the Supreme Court’s holding in Bruen, which reaffirmed that personal security “emphatically extends to include ordinary, law-abiding Americans ‘outside the home’.”
“The New York Legislature appears to think that when the Supreme Court closed the door on New York’s may issue permit regime it opened a window for equally onerous location restrictions,” said FPC Director of Legal Operations Bill Sack. For more on FPC’s pro-Second Amendment initiatives, visit FPCLegal.org
About the Firearms Policy Coalition
Firearms Policy Coalition (firearmspolicy.org), a 501(c)4 nonprofit organization, exists to create a world of maximal human liberty, defend constitutionally protected rights, advance individual liberty, and restore freedom. FPC’s efforts are focused on the Right to Keep and Bear Arms and adjacent issues including freedom of speech, due process, unlawful searches and seizures, separation of powers, asset forfeitures, privacy, encryption, and limited government. The FPC works through litigation, research, scholarly publications, legislative and regulatory action, and other programs.
* On September 28, 2022, the original first-named plaintiff, John Boron, has been voluntarily dismissed from the action. Plaintiffs Brett Christian, Firearms Policy Coalition, Inc., and Second Amendment Foundation will continue in the case as plaintiffs. A motion to change the caption and short title of this action has been filed. If that goes through, the lawsuit may be re-titled “Christian et al v. Bruen”.
