A Few More Lawsuits by Tom Reynolds
Gun control addicts realize they can’t get the 2nd Amendment repealed so their approach is that Americans may be able to keep and bear arms but there will be no place where they can do that. This flies in the face of the Bruen decision but SCOTUS decisions never stop the Left; those decisions just invigorate the Left to try new approaches.
Ammoland reports on this case.
Gun Owners of America (GOA) and the Gun Owners Foundation (GOF) filed a federal lawsuit in the Northern District of New York, challenging the state’s blanket ban on out-of-state residents being able to obtain a concealed carry permit or to have New York honor out-of-state permits.
Under current New York law, only New York residents may apply for and obtain permits to carry concealed weapons, and the state does not grant any form of reciprocity for individuals who hold a similar permit from another state.
While those who hold out-of-state driver’s licenses may drive in New York, exercising one’s constitutional right to bear arms in New York State is wholly forbidden to Americans who are not NY State residents. New York is the only known state where nonresidents are not allowed to exercise their Second Amendment rights to keep and bear arms. (And residents keeping and bearing arms isn’t too popular with the NY State government, either.)
Erich Pratt, GOA’s Senior Vice President, issued the following statement:
“The State of New York and its cadre of anti-gun politicians have done everything in their power to weaken and outright ban the Second Amendment within their borders. The Supreme Court has made clear that the right to bear arms extends to the public square, and this right is for all Americans, not just those who are residents of individual states.”
Sam Paredes, on behalf of the board for GOF, added:
“This is the only example nationwide that we can find where an out-of-state resident is completely barred from exercising their right to keep and bear arms, and there’s no doubt the anti-gun legislature in Albany purposely designed it this way. We’ve warned these politicians before and we’ll do it again, fall in line on the Second Amendment, or we will make you.”
Note: while this lawsuit applies to residents of other states, it is an important step towards forcing NY State to comply with the spirit and the letter of the Bruen decision.
Bearing Arms reports on this case
The Fry v. Nigrelli lawsuit challenges several aspects of New York’s carry laws including the post-Bruen ban on lawful carry on public transit. Gun owners from Westchester and Orange counties sued New York City in 2021 because their state-issued concealed carry handgun licenses are invalid in New York City. The case was expanded after the Concealed Cary Improvement Act was passed in 2022.
A lower court denied the request for a preliminary injunction against firearm bans on public transportation such as the MTA, subway, and train cars and in Times Square. A three-judge panel of the Second Circuit, recently heard the latest appeal for an injunction.
The Concealed Carry Improvement Act, which took effect in September 2022, bans guns from designated “sensitive places” such as schools, playgrounds and Times Square. The gun owners claim the regulations are “inconsistent with the text, history, and tradition of firearm regulation.”
Fry’s attorney says that both the state of New York and New York City officials have argued that no one’s going to get arrested and charged with carrying in New York City, so long as they have a valid permit issued in another New York county. But the attorney has a client who’s facing felony charges; a 23-year-old who was pulled over behind the wheel in the Big Apple and charged with three felonies for carrying concealed even though he has a valid New York State carry permit.
As might be expected, the Leftist 2nd Circuit did not seem friendly to the complaint. The question is whether ‘Frey’ will try to take the case to the Supreme Court.
Note: This case applies to non-residents, too; non-residents of New York City. Since the NYC government doesn’t want its own citizens to have guns, it should not be a surprise that they hate the idea of non city residents having guns.
Ammoland reports on this case.
In Hunter v. Cortland Housing Authority, a federal judge has granted a temporary restraining order and preliminary injunction to the Second Amendment Foundation and its partners in a challenge of a public housing authority gun ban in Cortland, N.Y.
The 29-page decision enjoins the defendants and their officers, agents, servants, employees and attorneys “from, taking any action to enforce, or otherwise require any person or entity to comply with the firearms ban as set forth in the ‘Tenant’s Obligations’” in the standard lease agreement pending final resolution of the case.
“This is not the first time SAF has litigated a public housing case,” noted SAF Executive Director Adam Kraut, “which have all been about the same thing, a Second Amendment violation. We have won cases in Illinois and Tennessee, and by now, it would seem that public housing authorities should have gotten the message that constitutional rights do not end at the front door. We will continue pursuing such cases as they come to our attention because people do not give up their rights simply because they live in subsidized housing.”
“No public housing authority should be allowed to simply block tenants from exercising their right to keep and bear arms,” said SAF founder and Executive Vice President Alan M. Gottlieb. “The Bill of Rights is an all-or-nothing proposition, not a buffet from which a bureaucracy should be able to pick and choose which rights they find acceptable. We’re delighted with Judge Suddaby’s decision, which is a victory for constitutional rights everywhere.”
Note: These cases put NY State on the defensive, for a change, something Hochul, James and company are not accustomed to.