Justice Sotomayor Gives NY 1-Week to Respond to Injunction Against New Gun Law

GOA Files New Case Against New York's CCIA, iStock-697763642
Justice Sotomayor Gives New York One Week To Respond To GOA’s Petition, iStock-697763642

WASHINGTON, D.C. -(Ammoland.com)- Supreme Court Associate Justice Sonia Sotomayor has given New York State until next Tuesday to respond to Gun Owners of America’s (GOA) emergency petition to SCOTUS to vacate the stay on a District Court’s preliminary injunction against the Concealed Carry Improvement Act (CCIA).

GOA and Gun Owners Foundation (GOF), GOA’s non-profit, teamed up with several plaintiffs to sue New York State to block the State’s CCIA in the Antonyuk v. Hochul lawsuit.

The CCIA was passed in response to New York Pistol Rifle Association v. Bruen. The landmark SCOTUS decision knocked down New York State’s “proper cause” clause in the Empire State’s concealed carry law. It also eliminated the two-step test in Second Amendment cases. Courts can now only use the original text and history to decide gun cases. Bruen also limited where states could ban guns. Only specific locations could be considered “sensitive.” These areas include schools and government buildings. Supreme Court Justice Clarence Thomas stated that a state could not designate a place as “sensitive” because it is where people gather.

New York State quickly passed a new law in response to Bruen. “Proper cause” was replaced with “good moral character.” Anyone wanting a concealed carry permit must submit three years of social media posts for the State to review. Most of the State became a gun-free zone, including Time Square, because it is where people gather. The State also created the new term of “restrictive” locations. The new category applies to any business that does NOT post a sign saying that firearms are welcome. This category would have the same force of law as an area deemed “sensitive.”

The plaintiffs asked the court to issue a temporary restraining order (TRO) until the court could rule on the coalition’s request for an injunction. A Western New York Federal District Court judge found that the plaintiffs would likely succeed on the case’s merits and suffer irreparable harm by the law. New York appealed to the Second Circuit Court of Appeals to stay the TRO, which the Second Circuit did relent to the State’s request. Before GOA and New York State faced off in Circuit Court, the District judge issued a preliminary injunction against the CCIA, finding most of the law unconstitutional.

Once again, the State returned to the Second Circuit Court of Appeals and asked it to stay the preliminary injunction against the CCIA. The Second Circuit, known for being anti-gun, sided with the state and issued the stay. GOA filed an emergency petition to the Supreme Court asking it to lift the stay. The gun rights organization claimed that the Second Circuit Court of Appeals didn’t give a reasoned analysis in their decision and issued a “knee-jerk” ruling.

Justice Sotomayor, who oversees the Second Circuit, granted GOA’s petition and gave New York exactly one week to respond. Even though Sotomayor is no friend of gun rights, she will not likely disregard the Bruen decision. Justice Sotomayor can do several things. First, she could vacate the stay herself, which seems unlikely. The smart money is on her referring the case to the full bench to rule, which would most likely side with the plaintiffs. The decision will have rippling effects across the country. States like New Jersey have similar laws and are being sued in multiple lawsuits by organizations such as the Firearms Policy Coalition (FPC) and the National Rifle Association (NRA).

Once New York State files its response, there isn’t a timeline for the next step.


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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gregs

states like ny and nj have pushed the pendulum so far that it has no choice but to swing back. commiefornia, wa and or-e-gone are in the same boat. the people are sick of this unconstitutional bovine excrement from the states and lower courts and now looks like even scotus is becoming irritated at them. looks like it might be slap-down time.

Cruiser

The people in all government positions need to read the Constitution (with understanding) and follow it. It is actually an owners manual on how to run the country. The problems start when certain people want to rewrite it.

Tionico

Better yet: establish a comprehensive test which MUSTbe passed with a grade C+ or better to be allowed to file as a candidate for any elected public office. Then have them sign a pledge that they will, during their tenure in office, abide by their oath to uphold the laws of the Union. If they are found NOT doing this that will be soid grounds for sudden termination of their position.

Chuck

While I like the idea, it would take an Amendment to achieve that. The list of qualifications for elected office in the Constitution, doesn’t require anything beyond age and length of residence/citizenship for each of the three elected offices.
I think there should be more to it than just a candidate’s age and length of residence/citizenship too. Cognition Testing and a Mandatory Retirement Age for all Elected at the Federal Level.

Chuck

You’re making the broad assumption they can read . DemoKKKommiecrats are exempt from any kind of Constitutional Literacy

Jim March

Attorney Mark Smith of the four boxes diner YouTube channel had some very interesting comments about what’s going on here. Basically, if Sotomayor tries to take a position dead set against us and tried to hose us in every way possible, she could only delay the inevitable by a short amount of time. If she turns down the petition at this stage we can then go ask another Justice – such as Thomas – for his opinion. That fact is basically forcing Sotomayor to uphold the legal process. And I don’t think she’s crazy enough to see a full-on rebellion… Read more »

gregs

doesn’t matter what you post, they will find something to prevent you from obtaining a “permit” to defend yourself.

Tionico

Yup. Those on a witch hunt WILL find or manufacture or invent or borrow a witch.

Ledesma

It’s the oddest thing about liberals. They always think they’re going to be shot.

Montana454Casull

Better to save on components and drown them !

Oldvet

Rope is reusable .

DIYinSTL

Sotomayor may have been a dissenter in Bruen but she is likely irked by an inferior court telling SCOTUS F-U and shove it sideways. Though I expect it to go before the Nine, it still would not surprise me for Sonia S. to slap them down herself for their impertinence.

Rob

From your lips to God’s ears…

KK

I don’t know what the hell there is to explain.

Hochul stated it all plainly!
She doesn’t think the Supreme Court has jurisdiction over NYS Law.
She doesn’t think the US Bill of Rights, and the Second Amendment in particular, applies to NYS Law.
And the New Democrat Nazi Party is disarming legal gun owners so that everyone can, in her vision, be “safe”.

What more is there to say?

Tionico

I got off all those things a couple years back. Not even sure if I still have accounts any more. No bag in which to go snooping about they wont find any excuses to deny.