GOA Files Motion for a Preliminary Injunction Against New York

Why I Am Suing The Governor of Virginia, iStock-1055138108
GOA Files Motion for a Preliminary Injunction Against New York iStock-1055138108

ALBANY, NY -(Ammoland.com)- Gun Owners of America (GOA) filed a Motion for a Preliminary Injunction against New York state’s “Concealed Carry Improvement Act” (CCIA).

The case was filed on behalf of a Ukrainian immigrant, Ivan Antonyuk. Mr. Antonyuk currently possesses an unrestricted carry permit. After the passing of the CCIA, Antonyuk saw his rights curtailed substantially. The motion highlights the new restriction that New York resident faces.

“New York continues to overreach in its anti-gun, anti-Second Amendment legislation, and we intend to force New York to comply with the Supreme Court’s ruling in Bruen through this and other actions,” said Stephen D. Stamboulieh, Attorney for the plaintiffs, “Today’s Motion for Preliminary Injunction asks the Court to stop the law from going into effect on September 1, 2022, and ultimately, we seek to have the so-called Concealed Carry Improvement Act struck as violative of the First and Second Amendments.”

The new law effectively makes every private business a “gun-free zone” unless the business posts a sign welcoming guns.

In most states, a business has to post a “no firearms” sign, and those signs rarely have the force of law. According to the Motion for Preliminary Injunction, New York flips the standard around violating the property owner’s rights.

Mr. Antonyuk would need to lock his gun in a “safe storage container” before getting out of his car to get gas or food. New York does not consider a glove box a safe storage container. Disarming in public could cause a scare if another person witnesses Antonyuk pulling his gun out to be safely stored. That person could call the police and report a man with a gun, causing panic and lockdowns.

Another issue GOA has with the CCIA is that if a gun owner unknowingly steps off a public road even for a brief second, then that gun owner could be charged with a felony. That would mean the person could be stripped of their gun rights forever. With the number of places now off limits, it is almost impossible to carry without violating the law.

The motion also attacks New York’s new training regime. When Mr. Antonyuk renews his permit, he will have to undergo 16 hours of classroom training and two hours of range time. This requirement means that his training burden has increased fivefold. Training classes for Maryland, which has similar training requirements cost on average $400. This fee isn’t even considering the time off work that Antonyuk will have to take to satisfy the new requirements.

The most concerning is that New York requires concealed carry permit holders to prove they are of “good moral character.”

To many, New York just traded “proper cause” for “good moral character.” The law doesn’t specify whose morals will be used to determine someone’s character. It could be very subjective.

An applicant also must turn over all social media accounts. Dating apps and social media sites will be fair play. What will the state find in citizens’ personal lives that they deem evidence of “good moral character”?

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New York Social Media Requirement Prevents Authorization of Permits iStock-936765434 iStock-936765434

Also, several social media platforms are anonymous. GOA’s attorneys argue that stripping away that anonymity by requiring the applicant to turn over their social media accounts violates the person’s free speech. The motion references the founding fathers that wrote under pen names, including the “Father of The Constitution,” James Madison. It also points out that people will self-censor not to run afoul of the New York law. GOA sees this as stifling free speech and making one trade their First Amendment rights for their Second Amendment rights.

Moreover, it highlights the interview process and wonders if a similar approach was in place in colonial times, would the British Crown be quick to approve a permit for a colonist for that wanted independence, or would they have been found not to have a “good moral character?” In a deeply blue state (NYC controlled), would a Trump supporter, anti-vaxxer, or a person who believes that the election was stolen be disqualified from getting a concealed carry permit?

The motion asks whether someone who attends a BLM “parade” or “rally” that turns violent could be rejected. Many people who participated in these rallies did not riot, but the mere fact that they were there could disqualify them from carrying a firearm. Does a woman who was pushed to appear on sites like “OnlyFans” by an abusive ex-boyfriend lose their right to carry a gun for self-defense against the same ex-boyfriend because the site is controversial? These questions might seem hyperbolic, but the law isn’t clear about what constitutes “good moral character,” and GOA worries that places like New York City will use any excuse to strip its citizens of their gun rights.

To succeed in a Preliminary Injunction, the plaintiff must prove they are likely to succeed on the case’s merits. GOA has a strong case that the law does run afoul of the Bruen and Heller decisions. New York passed these in response to the Bruen decision in a move that GOA calls “thumbing its nose” at the courts. It highlights that SCOTUS said that just because a place is where people congregate doesn’t mean that the State could determine that place to be a “sensitive place.” The CCIA appears to do just that.

The second thing that a motion for a Preliminary Injunction must prove is that a plaintiff cannot be made whole by monetary damages. GOA argues that stripping one of their Constitutional cannot be remedied by any amount of money. That will be for the courts to decide.

If the Preliminary Injunction is granted, the new CCIA will be blocked until the courts can rule on the case’s merits.


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.

John Crump

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musicman44mag

I am surprised that NY forgot the drug test requirement. That’s about the only thing they left out. OreGONE forgot to add that to their new law they are putting on the ballot this year too? I bet it is because almost all the law makers would fail. How would Hunter Biden do?

OreGONEISTAN

Finnky

Don’t know about NY, but isn’t Oregon striving to legalize all drugs? Isn’t pot legal under state law, so only feds can enforce restriction? Sure being addicted or a habitual user makes possession illegal under federal law – but I doubt Oregon wants to enforce that aspect of federal law. Once upon a time I was in conversation with a group of old-biddies who were bent on gun bans. I suggested they simply push for state legalization of pot (which I believe all or most of them use or had used) – explaining that having a state issued pot-card means… Read more »

musicman44mag

Unfortunately all drugs are legal in OreGONEISTAN now. The only place that law enforcement cannot protect you is in the US forests because they are federal. They only care about how much drugs you have and make sure that what you have is for personal consumption and not for distribution. Since pot is now legal, you no longer need a pot card so that avenue of enforcement has been eliminated and moron’s seem to think that State laws Overrule Fed. I can’t remember what the question was about the drugs on the 4473 because I only read the first two… Read more »

Bubba

Question 11
Section e

RetMCCC

This is why I have let my NRA membership lapse and joined GOA. That said, I do think that the “good moral character” automatically disqualifies any democrat from having a ccp.

Watch um

I am a member of the GOA, I would agree with your statement about Democrats

Russn8r

No sale, OpeTEX. No one who belongs to GOA calls it “the GOA”. LOL

Last edited 25 days ago by Russn8r
MICHAELANGELO

Dummy!! Nobody cares about what you have to say. Go back to your cage!!!

Sisu

I don’t disagree, but let’s remember that NYSRPA is an NRA state affiliate and that the NRA to an extent unknown funded “Bruen”. Next allow that the “NYSRPA v Bruen” case was successful because of Paul Clement and his team of attorneys; and, because it had broad reach as it was applicable to all of the People, including NYC’s indigent. That said, there is a reason GOA funded Attny. Stamboulieh, he has a client which is clearly working in the interests of its constituents. The NRA is still promoting the “legacy model” of “we’re organized to find the Cure for… Read more »

Russn8r

I don’t give NRA credit for NYSRPA’s case. If they hadn’t grifted $BILLIONS since the 1997 “Winning Team” coup d’etat (which Dave Workman’s betrayal made possible by one vote) this could’ve been overturned long ago. And it would’ve been a MUCH stronger decision if NRA hadn’t effectively backed the confirmations of Sotomayor & Kagan (gave A & A+ grades to 14 “pro-gun” politicians who voted to confirm).

Last edited 25 days ago by Russn8r
MICHAELANGELO

Dummy!!!

Stag

I see you have a new member to your fan club.

Russn8r

I figure it’s another OpeTEX sock puppet. Genius-level reasoning and multiple !!!s are a clue.

Ope

Once again GOA is doing what the former NRA never would, never could!

willyd

Once again it is more important to buy suits for their GREAT LEADER!!!!!!!!!

Watch um

Haw about you kiss my NRA ass. Nothing in the article is about the the NRA. I belong to both the GOA and the NRA but don’t bash them.

Your comments are like a silly child

WeWereWarned

Suck my Constitutional American Dick, you nra gun control appeasing traitor.
You would not speak to us armed Citizens that way in real life, so why act tough. I would offer you one of my 5.7x28mms if you became rude and teach you about an armed society is a polite society, when the words out of your mouth are backed up with your life.
I would hope you are a current or former spec ops just following orders socialist, that way it would not be boring for me to modify your behavior with force.

Finnky

Might want to reread your post – thinking hard about differences between semi-autonomous internet posts versus speaking to people IRL. Your posts sound like an idiot kid trying to sound tough.

JSNMGC

What is your impression of Watch um’s post? Does it sound like an idiot 80-something-year-old tryig to sound tough?

Russn8r

The fight vibes like OpeTEX sock-puppet kabuki. Anything to make himself seem loyal & popular. Upvote himself 12-20x, attack himself with a sock, defend himself with a 3rd sock – the same sock who tells folks that carrying in a federal “gun free” zone is only a misdemeanor.

https://www.ammoland.com/2022/07/how-hard-is-it-to-stop-mass-murder/#comment-2948674

I know, conspiracy theory, but it fits, like OpeTEX pretending he’s a big tough 2A hero for carrying anywhere he wants, when in fact he has ex(?)-cop special carry privileges, deletes post when busted on it. And kabuki lets him revert to the preferred vile thuggery he misses

Last edited 25 days ago by Russn8r
MICHAELANGELO

SUPER DUMMY!!

Watch um

No it is just I despise people bash other organizations that have been at the forefront of the 2nd Amendment even before they were born
Yes I am old and seen more than most that post here

JSNMGC

I remember once you wrote that you are a retired “constable.” Someone criticized the NRA for one of the many things they should be criticized for and you wrote that you hoped that when rifles are banned that your fellow enforcers who are still on the job would confiscate the rifles of those who criticized the NRA.

JSNMGC

Reply on hold – you once told someone you hoped your fellow enforcers (who are still on the job) would bust that person for violating gun laws. You wrote that because the person had criticized the NRA (it wasn’t me).

Russn8r

I despise people bash groups at the forefront of 2A before they were born”

Then you know nothing of NRA. It was trashing 2A before you were born.

“I have never believed in the general practice of carrying weapons. I do not believe in the general promiscuous toting of guns. I think it should be sharply restricted and only under licenses.” -Karl Frederick, NRA Pres, congressional hearings for the 1934 National Firearms Act

NRA treason 2.png
MICHAELANGELO

BIG DUMMY!!

Stag

I despise organizations that claim to fight for 2A rights while supporting infringement like the NRA has. The NFA, GCA, Mulford Act, Hughes Amendment, import bans, NICS, bumpstock ban, red flag laws, and FixNICS were all supported by them. They also gave A ratings to numerous politicians who vote for arms control. So I’ll keep “putting my money where my mouth is” by supporting no compromise 2A organization and calling out those who support infringement.

Stag

Sounds that way to me. I take solace in the fact that these old Fudds won’t be around much longer.

Watch um

Come on up my driveway and we can talk about it BTW I am 80 years old and can still know how to use the bayonet on the end of my AR-15, and yes I am a trained killer from way back and my oath has never expired

Finnky

There you go again. Telling people to come talk to you, so you can resolve differences violently. Talk like that simply serves to motivate the antis – it does not glorify you or gain respect for you or your opinions. So – now I’m thinking that at 80 you are moving into Biden territory. At a certain age, with diminishing mental capacity – some people move into more absolute, self-centered, and self assured attitudes. Sometimes this leads to irrational violence, which I believe is more common among men. Of course your LEO history has probably contributed to your attitude that… Read more »

Watch um

Actually I would put on a pot of coffee and set down with Wewerewarned and laugh at our comments and if he so wants to fire off a few rounds we could do that here at my house, I really enjoy having someone over who likes to shoot. Also I have not sent any money to the NRA in a long time but made a donation to Gun Owners of America either last month or in May, as you said at 80 we forgot certain things about the time of an occurrence

Russn8r

“I have never believed in the general practice of carrying weapons. I do not believe in the general promiscuous toting of guns. I think it should be sharply restricted and only under licenses.” -Karl Frederick, NRA Pres, congressional hearings for the 1934 National Firearms Act

Do the math. He was “at the forefront of the 2nd Amendment” before you were born.

Crickets Chirping…

MICHAELANGELO

INCOMPETENT DUMMY!!

Russn8r

Licking up to the guy who told you to kiss his ass. Typical TEX

MICHAELANGELO

GOOFBALL DUMMY!!!

pigpen51

I would hope that you are aware enough to have not sent any money to the NRA in a long time, other than to maybe maintain your membership. The leadership is currently attempting to sink the ship, and they have no intention of going down with it. As for all of the other disagreements going back and forth with people, I am only 62, but my parents would be very disappointed in me, if they were alive today, to see me acting like this. If we are all on the same side, then act like it. If you want to… Read more »

Jonesy

I gave you an UP vote but it doesn’t appear to show.

Watch um

Thanks

2gats

NRA sold out it’s members so wayne could live it up.

nra gave every politician that ever sold us out an “A” rating.

no money for nra

Thank the GOA for doing the work nra NEVER DID and only took credit for

Signed,

Betrayed nra life member

Watch um

All you thumb down can kiss my gritts. I doubt none of you have ever put your money where your mouth is. Now put that along with some black powder in your pipe and smoke it.

Russn8r

That’s funny, TEX. You always bash LaPierre, now you’re sucking up to Watch um who just invited you to kiss his ass.

MICHAELANGELO

CRUMMY DUMMY!!!

Russn8r

Wasssup, TEX?

Patriot Solutions

Aint it great to so easily see the insurgents who have for so long fooled The People.