Saturday, November 12, 2022

New York Court Strikes Down many of Governor Hochel's "Emergency" 2A Infringements

On November 7, 2022, one day prior to the mid-term elections, Judge Glenn T. Suddaby issued his decision about a preliminary injunction in the Antonyuk v. Hochul case. The case challenged the carry law of New York, passed as an emergency measure in response to the Bruen decision by the Supreme Court of the United States. This decision is relatively quick, as court decisions go. The case was filed on September 22, 2022, as the second attempt by the plaintiff to challenge the law.

Judge Suddaby's order for a preliminary injunction is a significant win for those who support the rights protected by the Second Amendment.

The preliminary injunction refines the list from the previous Temporary Restraining Order (TRO) by Suddaby, published on October 6. Some changes were made.

The preliminary injunction, issued on 7 November is more detailed. It goes into effect immediately. Barring reversal by an appeals court, it will not change until the case is concluded.

In dealing with the long list of "sensitive places", Judge Suddaby found the plaintiffs did not have standing for several. The places for which the plaintiffs lack standing were not considered in the preliminary injunction. They may be argued in another case. The ban on carry in these places continues pending the litigation. They are:

p. 24: “[A]ny place owned or under the control of federal, state or local government, for the purpose of government administration, including courts.” 

p. 35  libraries

p. 45 -47:  “[T]he location of any program ... that provides services to children, youth, ... any legally exempt childcare provider ...”

p. 47-48:  summer camp

p. 50:  “[T]he location of any program ... regulated, ... operated, or funded by the office for people with developmental disabilities”

p. 50-51  “[T]he location of any program ... regulated, ... operated, or funded by [the] office of addiction services and supports”

p. 51-52:  “[T]he location of any program ... regulated, ... operated, or funded by the office of mental health”

p. 52:  “[T]he location of any program ... regulated, ... operated, or funded by the office of temporary and disability assistance”

p. 53 - 54:  “[H]omeless shelters, ... family shelters, ... domestic violence shelters, and emergency shelters”

p. 54-55:  “[R]esidential settings licensed, certified, regulated, funded, or operated by the department of health” 

p. 55-57, other than "school districts": “[A]ny building or grounds... of any educational institutions, colleges ... , school districts ... , private schools ...”

P. 57-63 the paragraph considered is:

[A]ny place, conveyance, or vehicle used for public transportation or public transit, subway cars, train cars, buses, ferries, railroad, omnibus, marine or aviation transportation; or any facility used for or in connection with service in the transportation of passengers, airports, train stations, subway and rail stations, and bus terminals ...

Judge Suddaby  includes buses (or vans), "aviation transport" and "airports" but leaves the rest intact for lack of standing,

Several "sensitive places" have standing to be challenged in the bill. Judge Suddaby's preliminary prohibits enforcement in these areas, pending the litigation. Those areas, where carry with a permit will be considered legal are:

[A]ny location providing . . . behavioral health, or chemical dependance care or services” “[A]ny place of worship or religious observation”

public parks, and zoos

“[A]viation transportation,” “airports” and “buses (if following federal law)

“[A]ny establishment issued a license for on premise consumption pursuant to article four, four-A, five, or six of the alcoholic beverage control law where alcohol is consumed” 

“[T]heaters,” “conference centers,” and “banquet halls”“[A]ny gathering of individuals to collectively express their constitutional rights to protest or assemble” 

Prohibition in “Restricted Locations (essentially all private property, without express signage allowing the carry of arms)

These "sensitive" areas, where standing was found, are allowed to remain, pending the litigation:

[P]ublic playgrounds 

“[N]ursery schools [ and preschools”

In the preliminary injunction, these application requirements are struck down, pending the litigation:

Good moral character requirement

List of family and cohabitants

List Social Media Accounts for the past three years

“Such Other Information Required by the Licensing Officer that is Reasonably Necessary and Related to the Review of the Licensing Application- enforcement not allowed pending the litigation

These application requirements are allowed to remain pending the litigation:

Four character references

Eighteen Hours of Firearm Training

In-Person Meeting (the in-person meeting finding was reversed from the TRO)

The preliminary injunction is a significant blow to the emergency statute signed by Governor Hochul. The long list of "sensitive places" without standing will not be considered in this case, and are likely to be subjects of another lawsuit.

Those "sensitive places" and application requirements which are allowed to continue, are still subject to argumentation during the case.

Opinion: This correspondent believes the list of "sensitive places" (gun free zones) which are ruled to be unconstitutional, will grow.



1 comment:

ScienceABC123 said...

It all began in 1934 with the argument - "A little gun control can't hurt." - it's been a downward slope ever since...