2nd Circuit decisions published today! Voluminous! 261 Page Decision. Go to CourtListener to review.

[VietnamEraVet]

https://www.courtlistener.com/docket/66674530/antonyuk-v-hochul/?filed_after=&filed_before=&entry_gte=&entry_lte=&order_by=desc

A shitload to read. Not sure how much they fucked us just yet...

Decision in the combined appeals for Antonyuk, Hardaway, Christian, and Spencer cases that we have been waiting on to see how bad they would fuck us over, while they have dragged this out for a year after SCOTUS told them to expedite their decision...

 

[Jmac00]

???? whats all this about ????

 

[Beerman]

???? whats all this about ????

Click the link, find out for yourself. It’s almost as easy as a fat man using a bidet.

 

[Beerman]

The “private property open to the public” part makes me wonder what will happen with carrying on regular old private property. It’s almost like there are two categories of private property now.

 

[Depick]

Only 23 pages in but it looks like they enjoined the social media disclosure requirements and some private property restrictions. I could very well be wrong and misreading or not understanding this so please correct me if I am.

 

[Steal2B]

Threw out 3 of Hochul's tirades.


1) The panel on Friday invalidated a requirement that concealed carry permit applicants disclose their social media account.

2) Their decision also strikes down a provision that bans gun possession by default on private property,

3) and it further prevents the state from enforcing a gun possession ban at places of worship against a group of plaintiffs.

All good wins. Is Hochul and James egotistical enough to appeal to the Supreme Court?

Federal appeals court strikes down parts of NY gun law

A federal appeals court on Friday struck down parts of a New York gun control law that has been on the frontlines of Second Amendment legal battles following the Supreme Court’s landmark gun-rights…

thehill.com

 

[togmaster]

From GOA

FOR IMMEDIATE RELEASE

December 8, 2023

Washington, D.C. – Today, the U.S. Court of Appeals for the Second Circuit affirmed a federal injunction against portions of New York’s poorly named “Concealed Carry Improvement Act.” This ruling follows several previous court actions on the case, including a GOA and GOF secured preliminary injunction from the Federal District Court in November 2022.

The following provisions on New York’s law are enjoined under this ruling:

Requiring applicants to disclose social media accounts for review.
The restrictions on carrying on private property that is accessible to the public, as well as the restriction on carrying in houses of worship.

Frustratingly, the Second Circuit failed to faithfully apply Bruen, having left the “good moral character requirement” in place for those seeking a concealed carry permit. Additionally, much of the Court’s opinion reads like a repudiation of Bruen, finding ways to claim its holdings don’t apply here.

Erich Pratt, GOA’s Senior Vice President, issued the following statement:

“Governor Hochul and her cabal in Albany never seem to get the message, and in turn, GOA is proud to have played a major role in rebuking her unconstitutional law. Nevertheless, this was not a total victory, and we will continue the fight until this entire law is sent to the bowels of history where it belongs.”

Sam Paredes, on behalf of the Board of Directors for the Gun Owners Foundation, added:

“It’s encouraging that the Court blocked the intrusive social media provisions, but just as intrusive are the processes needed to confirm someone is ‘of good moral character,’ which the Court has inexplicably chosen to uphold. Frustratingly, much of this Court’s opinion reads like an insubordinate rebuke of the Supreme Court, which is a disgrace and cannot be allowed to stand. We are weighing action at the nation’s High Court.”

GOA spokesmen are available for interviews. Gun Owners of America is a nonprofit grassroots lobbying organization dedicated to protecting the right to keep and bear arms without compromise. GOA represents over two million members and activists. For more information, visit GOA’s Press Center.

-GOA-

 

[Cavalry]

The “private property open to the public” part makes me wonder what will happen with carrying on regular old private property. It’s almost like there are two categories of private property now.

I think they are trying to differentiate between public places (city hall) and private owned public places (walmart)

 

[prambo]

 

[livingston]

BREAKING NEWS: MAJOR 2A Victory In New York​

 

[pshift]

Whether the 'victory' is a major, minor, sharps, flats, dimenished, augmented, 7ths, 9ths, etc. It's all the same 'music' to me.

 

[Robin]

Like she even gives a fuck what the court says.


Robin

 

[maverick52]

I am surprised they struck down what they did although those were the most egregious laws. This will all come down eventually, but in the meantime it is good to see at least a partial win.

 

[VietnamEraVet]

Some good news at least,...for now. I'm watching for Whorecul to hold a news conference and lose her shit yet again, and threaten lawful gun owners, - again. CCIA2 anyone? And likely that Jumbo James (aka Jabba the Hut?) will slither off to court to demand the decisions be enjoined after she squats on her fat ass a bit longer and appeals it.

Fuck Whorecul and the rest of her ilk!

 

[Glock_USA]

Some good news at least,...for now. I'm watching for Whorecul to hold a news conference and lose her shit yet again, and threaten lawful gun owners, - again. CCIA2 anyone? And likely that Jumbo James (aka Jabba the Hut?) will slither off to court to demand the decisions be enjoined after she squats on her fat ass a bit longer and appeals it.

Fuck Whorecul and the rest of her ilk!

She has called today’s decision a victory and for the most part she is absolutely right. Too bad.

 

[Saltwater60]

I think they are trying to differentiate between public places (city hall) and private owned public places (walmart)

What does this mean for state parks and other public parks. Are they privately owned or not. I’d say no but is it legal to carry there?

 

[nortatoga]

Threw out 3 of Hochul's tirades.


1) The panel on Friday invalidated a requirement that concealed carry permit applicants disclose their social media account.

2) Their decision also strikes down a provision that bans gun possession by default on private property,

3) and it further prevents the state from enforcing a gun possession ban at places of worship against a group of plaintiffs.

All good wins. Is Hochul and James egotistical enough to appeal to the Supreme Court?

Federal appeals court strikes down parts of NY gun law

A federal appeals court on Friday struck down parts of a New York gun control law that has been on the frontlines of Second Amendment legal battles following the Supreme Court’s landmark gun-rights…

thehill.com

I believe it would go to a En Banc panel of the 2nd Circuit before the SCOTUS..

 

[Saltwater60]

Good to know I’m not a felon in 35 seconds from now anymore.

 

[Beerman]

I believe it would go to a En Banc panel of the 2nd Circuit before the SCOTUS..

Isn’t that where this just came from?

 

[Beerman]

What does this mean for state parks and other public parks. Are they privately owned or not. I’d say no but is it legal to carry there?

It did nothing in regard to sensitive or restricted locations OTHER THAN “private property open to the public.” Public property, Gov owned, bars, etc, still prohibited locations. For now.

 

[Beerman]

Whether the 'victory' is a major, minor, sharps, flats, dimenished, augmented, 7ths, 9ths, etc. It's all the same 'music' to me.

Same old fugue.

 

[Hochulsucks1234]

There is nothing significant in this. My church closed 20 years ago so I dont plan on going on Sunday packing. All the big stuff stayed.

 

[nortatoga]

Isn’t that where this just came from?

Looks too be a three Judge panel..

DENNIS JACOBS, GERARD E. LYNCH, AND EUNICE C. LEE, Circuit Judges:

DENNIS JACOBS, GERARD E. LYNCH, AND EUNICE C. LEE, Circuit Judges: In these four cases, heard and now decided in tandem, Plaintiffs raise First and Second Amendment challenges to many provisions of New York’s laws regulating the public carriage of firearms. In Antonyuk, the U.S. District Court for the Northern District of New York (Suddaby, J.) enjoined enforcement of more than a dozen such provisions. In Hardaway, Christian, and Spencer, the U.S. District Court for the Western District of New York (Sinatra, J.) separately enjoined a subset of the laws previously enjoined in Antonyuk, though based on slightly different reasoning. We stayed the various injunctions pending appeal, expedited the appeals, and in light of the substantial overlap among the cases, heard argument in tandem on March 20, 2023. We now AFFIRM the injunctions in part, VACATE in part, and REMAND for proceedings consistent with this opinion. In summary, we uphold the district court’s injunctions with respect to N.Y. Penal L. § 400.00(1)(o)(iv) (social media disclosure); N.Y. Penal L. § 265.01-d (restricted locations) as applied to private property held open to the general public; and N.Y. Penal L. § 265.01-e(2)(c) as applied to Pastor Spencer, the Tabernacle Family Church, its members, or their agents and licensees. We vacate the injunctions in all other respects, having

 

[Dr. Evil]

While NY is SLIGHTLY less shitty for gun owners, NY is still very shitty for gun owners.

 

[Slacker43]

The more this keeps happening, the more chopped up this law is the less teeth it has. How the fuck is anyone supposed to know what's good to go and what's not. How is this prosecutable? To me today changed nothing. I will continue as I have since long before this started. I love it though that it keeps getting muddied up. That's about the only win I see.

 

[Bigfoot]

I'm waiting for Hochul the Horrible to go on about how the safety of herr derr is her biggest herp derp and she takes that herp derp seriously.

 

[Truebeliever]

It’s the floor for the next appeal. The private property presumption is a big one.

 

[Willyone]

Babe steps. A little progress, little forward movement, it's better than going basakwards which is what usually happens. Bet that bitch is fuk'n fuming right now... pull'n them eyebrows out.

 

[Modean]

Threw out 3 of Hochul's tirades.


1) The panel on Friday invalidated a requirement that concealed carry permit applicants disclose their social media account.

2) Their decision also strikes down a provision that bans gun possession by default on private property,

3) and it further prevents the state from enforcing a gun possession ban at places of worship against a group of plaintiffs.

All good wins. Is Hochul and James egotistical enough to appeal to the Supreme Court?

Federal appeals court strikes down parts of NY gun law

A federal appeals court on Friday struck down parts of a New York gun control law that has been on the frontlines of Second Amendment legal battles following the Supreme Court’s landmark gun-rights…

thehill.com

We can only hope.

 

[Modean]

I believe the Second Circus, in an attempt to stave off SCOTUS review, gave us as little back as they dared to.