LawFare: Supporting Motion Filed NY Parks Gun Ban Lawsuit

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BELLEVUE, WA – -(AmmoLand.com)- The Second Amendment Foundation has filed a reply supporting its earlier motion for a preliminary injunction in the case of Christian v. Nigrelli, challenging New York State’s ban on carrying firearms in public parks under the state’s new concealed carry law.

Second Amendment Foundation is joined by the Firearms Policy Coalition, Inc. and Brett Christian, a private citizen. They are represented by attorneys Nicolas J. Rotsko, Phillips Lytle LLP of Buffalo, N.Y., and David H. Thompson, Peter A. Patterson, and John W. Tienken with Cooper & Kirk PLL in Washington, DC. The case was filed in the U.S. District Court for the Western District of New York.

“We are asking the court for a preliminary injunction and filed this new motion in support of the original complaint because it is imperative the court step in to prevent enforcement of this ban on carry in public parks,” said SAF founder and Executive Vice President Alan M. Gottlieb. “The state’s new law bans firearms for ordinary, law-abiding citizens in every public park when there is no historical evidence of such blanket bans upon which the state bases its position.

“Mr. Christian has refrained from carrying firearms in parks and has even stopped visiting those parks he used to utilize prior to the new law taking effect,” Gottlieb added. “He has also refrained from carrying on public transportation, and in businesses open to the public, because the change in state law has increased the potential for his arrest and prosecution. Since New York’s new law took effect, he has only exercised his constitutional right to carry three times, while before he was able to carry nearly every day.”

The law, S51001, was hastily adopted in response to the U.S. Supreme Court’s decision in New York State Rifle & Pistol Association v. Bruen, which struck down New York’s century-old carry statute that required applicants for carry permits to show “good cause.” The new statute includes broad restrictions on where citizens may legally carry.

“This case perfectly illustrates the extreme nature of New York’s S51001,” Gottlieb stated. “We’re hoping the court acts quickly on our motion, and brings a halt to this nonsense.”


Second Amendment Foundation

The Second Amendment Foundation (www.saf.org) is the nation’s oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 720,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control.
Second Amendment Foundation

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Trussman

It’s a shame that all ccw permit holders can’t move out of these repressive states. I’ll never understand the NY governments position on ccw permit holders. CCW permit holders in every state that has permits, are for the most part, hard working, tax paying, law abiding, good people. Let them all move out and see what’s left. Crime will go through the roof, of the roof that it’s already going through. If there are any ccw permit holders that fall victim to violent crime in an area that they previously carried in, but stopped carrying in because of this new… Read more »

DIYinSTL

It should be easy to understand why so many laws and policies in Democrat States and cities favor criminals, gangs and cartels. It was no different than when the mafia ran most of the crime in these jurisdictions. Follow the money.

swmft

the people they want to pay for their criminal helpers, disarm the good safe the criminals

swmft

make it safe for the criminals….how fast can you type…and not proof

Arny

Guess who didn’t quit being armed ? The same people who care less about the laws some people believe they need to follow. Gotstabe law abiding folks. lol

KK

. . . so now Mr Christian can no longer carry . . . SO, SUCCESS!, THE LAW WORKS PERFECTLY AS INTENDED!

The court may very well act quickly on your motion, Alan Gottlieb, but it will not matter. The Second Circuit 3 Judge Panel will, on appeal, put a stay on any order that enjoins the law in any way.
End result – COMMUNISM REIGNS IN NY!!!