Federal Judge Blocks New York’s Default Private Property Handgun Carry Ban

GOA Files New Case Against New York's CCIA, iStock-697763642
Federal Judge Blocks New York’s Default Private Property Handgun Carry Ban, iStock-697763642

U.S.A.-(AmmoLand.com)- Today, Firearms Policy Coalition (FPC) announced that United States District Judge John Sinatra, Jr. has issued a preliminary injunction against New York’s law banning guns on all private property without express consent. The order in Christian v. Nigrelli can be viewed at FPCLegal.org.

“These are places that people, exercising their rights, frequent every day when they move around outside their homes,” wrote Judge Sinatra in his opinion. “The exclusion here makes all of these places presumptively off limits, backed up by the threat of prison. The Nation’s historical traditions have not countenanced such an incursion into the right to keep and bear arms across all varieties of private property spread across the land. The right to self-defense is no less important and no less recognized on private property.”

In addition, Judge Sinatra added that “[n]othing in this decision purports to impact the traditional property right to exclude others, so long as the property owner (not the State) is the one actually exercising that right.”

“We are thrilled that the court has once again reminded New York lawmakers that they are not immune from the demands of the constitution,” said Bill Sack, FPC’s Director of Legal Operations. “The fight continues to rein in a New York political machine sent recklessly flailing in the aftermath of the Bruen decision.”

In addition to issuing the preliminary injunction, Judge Sinatra also requested supplemental briefing regarding the two other carry bans challenged in the lawsuit (public parks and public transportation), which is due on December 2nd.

FPC is joined in this lawsuit by the Second Amendment Foundation.

Individuals who would like to Join the FPC Grassroots Army and support important pro-rights lawsuits and programs can sign up at JoinFPC.org. Individuals and organizations wanting to support charitable efforts in support of the restoration of Second Amendment and other natural rights can also make a tax-deductible donation to the FPC Action Foundation. For more on FPC’s lawsuits and other pro-Second Amendment initiatives, visit FPCLegal.org and follow FPC on Instagram, Twitter, Facebook, YouTube.


About Firearms Policy Coalition

Firearms Policy Coalition (firearmspolicy.org), a 501(c)4 nonprofit organization, exists to create a world of maximal human liberty, defend constitutionally protected rights, advance individual liberty, and restore freedom. FPC’s efforts are focused on the Right to Keep and Bear Arms and adjacent issues including freedom of speech, due process, unlawful searches and seizures, separation of powers, asset forfeitures, privacy, encryption, and limited government. The FPC team are next-generation advocates working to achieve the Organization’s strategic objectives through litigation, research, scholarly publications, amicus briefing, legislative and regulatory action, grassroots activism, education, outreach, and other programs.Firearms Policy Coalition

FPC Law (FPCLaw.org) is the nation’s first and largest public interest legal team focused on the Right to Keep and Bear Arms, and the leader in the Second Amendment litigation and research space.

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chocopot

The Left has nothing but contempt and disdain for our Constitution. Why? Very simple: because it stands in the way of them being able to establish the dictatorship that all Leftists desire.

HLB

This is very good that the judge passed opinion on State versus Private 2nd Amenment restriction issues. Judge Sinatra added that “[n]othing in this decision purports to impact the traditional property right to exclude others, so long as the property owner (not the State) is the one actually exercising that right.”. So now, when I am trespassed in a no-guns zone, The State can not be the one who forces me out. It must be the no-gun zone owner who has skin in that game and “exercises” his right. When I “exercise” my right, I do it, not the State.… Read more »

DIYinSTL

I wish the FPC luck on the public transportation restriction. Missouri has comparatively good gun laws but public transportation is still off limits and crime has been rising on the light rail system in St. Louis.