Something to Give Thanks For by Tom Reynolds
On Monday, SCOPE wrote that there were various other law suits challenging Hochul’s Concealed Carry Improvement Act (CCIA). One of them is the lawsuit between Firearms Policy Coalition and the 2nd Amendment Foundation v Nigrelli and Flynn; (the latter representing New York State). On Tuesday, gun owners got a reason to celebrate Thanksgiving.
The United States District Court Western District of New York ruled that the CCIA’s provision that, “it is a felony for a license holder to possess a firearm on all private property unless the relevant property holders actually permit such possession with a sign or by express consent” is unconstitutional.
The judge believes the lawsuit against NY State is likely to succeed on its merits under the 2nd and 14th Amendments and granted a preliminary injunction. He said that CCIA: “It forces individuals to give up their rights to armed self defense outside the home”.
The judge also denied New York State’s request for a 3 day delay in starting the preliminary injunction to give NYS the time to appeal, so it is immediately in effect.
District courts are the trial courts of the U.S. federal judiciary. District courts' decisions only apply to counties in its jurisdiction. Western District Court appeals are made to the U.S. Second Circuit Court of Appeals.
The Western District includes:
Allegany, Cattaraugus, Chautauqua, Chemung, Erie, Genesee, Livingston, Monroe, Niagara, Ontario, Orleans, Schuyler, Seneca, Steuben, Wayne, Wyoming, and Yates. Major cities within its jurisdiction include Buffalo, Rochester, and Elmira.
The decision will only apply to these counties.
Undoubtably, NYS under Attorney General Letitia James will appeal. The U.S. Second Circuit Court of Appeals is going to be busy hearing CCIA cases!