WASHINGTON, D.C. -(Ammoland.com)- Supreme Court Associate Justice Sonia Sotomayor has given New York State until next Tuesday to respond to Gun Owners of America’s (GOA) emergency petition to SCOTUS to vacate the stay on a District Court’s preliminary injunction against the Concealed Carry Improvement Act (CCIA).
NY UPDATE
Justice Sotomayor has requested NY to respond to the GOF & @GunOwners emergency application asking to vacate the 2nd Circuit’s stay on NY’s unconstitutional concealed carry restrictions by 1/3 at 4 PM EST.
— Gun Owners Foundation (@GunFoundation) December 27, 2022
GOA and Gun Owners Foundation (GOF), GOA’s non-profit, teamed up with several plaintiffs to sue New York State to block the State’s CCIA in the Antonyuk v. Hochul lawsuit.
The CCIA was passed in response to New York Pistol Rifle Association v. Bruen. The landmark SCOTUS decision knocked down New York State’s “proper cause” clause in the Empire State’s concealed carry law. It also eliminated the two-step test in Second Amendment cases. Courts can now only use the original text and history to decide gun cases. Bruen also limited where states could ban guns. Only specific locations could be considered “sensitive.” These areas include schools and government buildings. Supreme Court Justice Clarence Thomas stated that a state could not designate a place as “sensitive” because it is where people gather.
New York State quickly passed a new law in response to Bruen. “Proper cause” was replaced with “good moral character.” Anyone wanting a concealed carry permit must submit three years of social media posts for the State to review. Most of the State became a gun-free zone, including Time Square, because it is where people gather. The State also created the new term of “restrictive” locations. The new category applies to any business that does NOT post a sign saying that firearms are welcome. This category would have the same force of law as an area deemed “sensitive.”
The plaintiffs asked the court to issue a temporary restraining order (TRO) until the court could rule on the coalition’s request for an injunction. A Western New York Federal District Court judge found that the plaintiffs would likely succeed on the case’s merits and suffer irreparable harm by the law. New York appealed to the Second Circuit Court of Appeals to stay the TRO, which the Second Circuit did relent to the State’s request. Before GOA and New York State faced off in Circuit Court, the District judge issued a preliminary injunction against the CCIA, finding most of the law unconstitutional.
Once again, the State returned to the Second Circuit Court of Appeals and asked it to stay the preliminary injunction against the CCIA. The Second Circuit, known for being anti-gun, sided with the state and issued the stay. GOA filed an emergency petition to the Supreme Court asking it to lift the stay. The gun rights organization claimed that the Second Circuit Court of Appeals didn’t give a reasoned analysis in their decision and issued a “knee-jerk” ruling.
Justice Sotomayor, who oversees the Second Circuit, granted GOA’s petition and gave New York exactly one week to respond. Even though Sotomayor is no friend of gun rights, she will not likely disregard the Bruen decision. Justice Sotomayor can do several things. First, she could vacate the stay herself, which seems unlikely. The smart money is on her referring the case to the full bench to rule, which would most likely side with the plaintiffs. The decision will have rippling effects across the country. States like New Jersey have similar laws and are being sued in multiple lawsuits by organizations such as the Firearms Policy Coalition (FPC) and the National Rifle Association (NRA).
Once New York State files its response, there isn’t a timeline for the next step.
About John Crump
John is a NRA instructor and a constitutional activist. John has written about firearms, interviewed people of all walks of life, and on the Constitution. John lives in Northern Virginia with his wife and sons and can be followed on Twitter at @crumpyss, or at www.crumpy.com.
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