A federal judge in New York has issued a permanent injunction against the Cortland Housing Authority (CHA) prohibiting any sort of firearms ban against CHA tenants, in a victory for the Second Amendment Foundation (SAF) and its fellow plaintiffs.
SAF was joined in this action by three private citizens, Robert Hunter, Elmer Irwin, and Doug Merrin. They are represented by attorneys Edward Andrew Paltzik, Serge Krimnus, and Meredith Lloyd at Bochner PLLC in New York City. U.S. District Judge Glenn T. Suddaby, with the U.S. District Court for the Northern District of New York, signed the order.
Case Background:
This case revolves around the Cortland Housing Authority’s (CHA) previous policy that prohibited tenants from possessing, using, or displaying firearms on their property. Pro-gun activists, including plaintiffs like Robert Hunter and the Second Amendment Foundation, took issue with this policy because it directly infringed on tenants’ Second Amendment rights to keep and bear arms, especially in their homes for lawful self-defense.
The plaintiffs argued that the CHA’s blanket ban on firearms—whether operable or inoperable—went too far, violating tenants’ constitutional rights. They contended that qualified individuals, who are otherwise legally allowed to own and possess firearms under federal, state, and local laws, should not have their rights stripped away just because they live in public housing. This case is part of the larger pro-gun movement’s efforts to fight back against regulations that they believe unjustly target law-abiding gun owners.
The court ultimately sided with the plaintiffs, issuing a permanent injunction that prevents the CHA from enforcing the ban. This was seen as a win for Second Amendment advocates, as it reaffirmed that public housing authorities cannot impose restrictions on firearm ownership that go beyond what federal and state law already allow. This case highlights the broader tension between housing regulations and constitutional freedoms, particularly for gun owners who feel they are unfairly targeted by overreaching policies.
The Ruling:
“Pursuant to Plaintiffs’ claims as set forth in the First Amended Complaint, Defendants, and their respective employees, agents, representatives, service providers, and/or contractors, are enjoined from prohibiting Plaintiffs and all other CHA tenants from owning, possessing, transporting, or using firearms for lawful purposes, provided they are otherwise qualified and in compliance with all federal, state, and local laws applicable to the ownership, possession, transportation, and use of firearms,” Judge Suddaby wrote.
He also ordered the defendants — CHA and Executive Director Ella M. Diiorio — to pay plaintiffs’ counsel $150,000 for attorney’s fees and costs.
“This is not the first time SAF has successfully challenged a gun ban in a public housing authority facility,” recalled SAF founder and Executive Vice President Alan M. Gottlieb. “Whenever we are alerted to this sort of thing, we are prepared to challenge it. Bringing these cases simply fulfills our effort to win firearms freedom one lawsuit at a time.”
“At some point,” SAF Executive Director Adam Kraut observed, “it should become abundantly clear to various public housing authorities that gun bans are not allowed. Residents do not leave their constitutional rights at the entrance, as each of our victories over the years have affirmed.”
For more information, visit saf.org.
About Second Amendment Foundation
The Second Amendment Foundation (saf.org) is the nation’s oldest and largest tax-exempt education, research, publishing and legal action group dedicated to safeguarding and promoting the fundamental rights of individuals enshrined in the Second Amendment of the United States Constitution. SAF engages in aggressive legal action to ensure the principles of armed self-defense, personal liberty, and the ownership of arms are defended, secured, and restored. Through public education initiatives, SAF teaches the importance of the Second Amendment to promote a society that values and exercises the right to keep and bear arms. 
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