Leaning heavily on the second Bruen standard—the ability to show a historical precedent—a district court in New York on Thursday permanently enjoined the state’s law banning guns on private property open to the public without express consent of the owner.
In the case Christian v. James, U.S. District Judge John. L. Sinatra of the U.S. District Court for the Western District of New York wrote in the ruling that the state’s arguments concerning past “similar” laws weren’t convincing enough.
“Regulation in this area is permissible only if the government demonstrates that the new enactment is consistent with the Nation’s historical tradition of sufficiently analogous regulations,” the court stated in the ruling. “Indeed, property owners have the right to exclude. But the state may not unilaterally exercise that right and, thereby, interfere with the long-established Second Amendment rights of law-abiding citizens who seek to carry for self-defense on private property open to the public.”
Just the day before the ruling, New York Gov. Kathy Hochul had gloated that, after the Supreme Court’s Bruen decision, the state “doubled down” on its anti-rights agenda. “[The State] came up with legislation,” Hochul said in a news release. “And we have a prohibition on concealed carry weapons in sensitive places. I personally think every place is sensitive.”
However, the court disagreed and handed Hochul yet another loss on a law that infringes upon New Yorkers’ Second Amendment rights. That fact wasn’t lost on Brandon Combs, president of the Firearms Policy Coalition (FPC), which brought the lawsuit.
“This is yet another important victory for Second Amendment rights and another major loss for New York, authoritarian governments, and radical anti-rights organizations like Everytown and Giffords,” Combs said in an FPC press release. “We will continue to fight forward as we work to restore the full scope of the right to keep and bear arms throughout the United States. Hopefully Kathy Hochul is ready to write another check for legal fees.”
The ruling further stated: “In sum, none of the proffered Founding-era enactments, fairly read, burdened the individual’s right to carry firearms in the same way, to the same extent, or for the same reasons as the restrictions here—which impose a default rule banning firearms on all private property open to the public for ‘whatever reason and regardless of the nature of the land at issue.’”
In the end, the court ruled that, effective immediately, the state could longer enforce the provision.
“It is … ordered that defendant’s and their officers, agents, servants, employees and all persons in concert or in participation with them who receive notice of this order are permanently enjoined, effective immediately, from enforcing [the law] with respect to private property open to the public, and their regulations, policies and practices implementing it,” the ruling concluded.
I’m spending just about as much on spackling as I do on ammunition. These damned accidental discharges are costing me money.
p.s.
Shotguns are evil.
And Gun Control lives on to screw you on another day.
Always will till kingdom comes.
Or until the Kingdom is defeated and destroyed.
Agreed. That is a fact, indeed.
“I personally think all places are sensitive.” (Which just goes to show you what they are really after.)
Maybe she should go back and reread Bruen (assuming she ever read it in the first place) where the Supreme Court specifically told NY that they could not simply declare everywhere to be a sensitive place, using a carry restriction as to the entire Island of Manhattan as an example of that which would be clearly unconstitutional. Can’t say she wasn’t warned.
If I recall correctly, this decision means that federal trial courts in California, New Jersey and New York have uniformly struck down this restriction.
she thinks all places are ‘sensitive’ because she’s a marx- ist socia- list. Marx also thought all places were ‘sensitive’, once his socialism got rooted Russia called it the ‘collective’ and it belonged to the state which everyone served.
It is becoming clear court decisions that favor any exercise of a human, natural and civil right that disfavors gun control is pointless; just an expensive attendance ticket to the dance of the appeals courts.
Is there some arcane incantation that permits bypassing all appeals, and going directly to the SC?
The whole north eastern block of states followed in unison to pass these same laws. Of course they coordinated these efforts to thwart our rights. I fear that a lawsuit will need to filed and bring the Maryland A.G. into court before anything moves in this state.
“The whole north eastern block of states followed in unison to pass these same laws.”
Organized crime loves strict gun control – it makes loan sharking and arm-twisting so much easier.
I do find it amusing when folks like Kathy Hochul think We the People give a shit what she thinks we should do or be allowed to do.
It isn’t what she thinks says or does that we begin to care about. It’s what police and prosecutors are willing to do and the uncertainty of fiscal consequences that are the concern.
Boy her face just screams “im a wench”
“wench or……. witch”
The latter, except it starts with a “b.”
When public officials, especially those with legal and law enforcement backgrounds, commit acts, vote for laws and or pass regulations that are later found to have blatantly violated enumerated constitutional rights, or were in violation of the constitution, there needs to be accountability.
with rope
We need the good guys to spike the ball on the “check for legal fees” more and better. Every tax payer in every State needs to see the tab that the tyrants they voted for are running up, there is truly no other way to change voting behavior.
(Brain dead Commander n Crazy) Biden Sends Electric Chainsaws To People Without Power.
h ttps://www.youtube.com/watch?v=kmuVEFjsr24
(note: not in above video, but FEMA for hurricane affected area still continues to block aid from private persons and organizations, and falsely claims those existing private persons and organizations aid camps set up that did make it in as FEMA aid stations.)
MAJOR 2A FIGHT: GREAT PERFORMANCE BY 2A IN NON-VIOLENT FELONS POSSESSION BATTLE.
US Court of Appeals for the 3rd Circuit heard arguments on non-violent felon possession. Mark Smith, Four Boxes Diner analyses.
h ttps://www.youtube.com/watch?v=n9vHapUb1R8
BREAKING SCOTUS NEWS: MAJOR BATTLE OVER AR-15 BANS.
In the “assault weapon” ban case of Bianchi/Snope pending in the US Supreme Court, Maryland has requested another extension of time to respond to the pro-2A petition for certiorari. Mark Smith Four Boxes Diner explains the importance of this move.
h ttps://www.youtube.com/watch?v=H83yLU8Jvzk
“And we have a prohibition on concealed carry weapons in sensitive places. I personally think every place is sensitive.
—- Marxist Kathy Hochul 2024″
Karl Marx believed and put forth the “individual” must “be swept out of the way” and that individuality was a social construction of a capitalist society and was deeply intertwined with capital itself and wanted to abolish private property as it too was capital upon which individuality and family was based. Of his ‘utopia’ he advocated abolishing the family would be relatively easy once ‘bourgeois’ (property ownership) property was abolished and put forth “The bourgeois family will vanish as a matter of course when its complement vanishes, and both will vanish with the vanishing of capital.” His idea was that property should be ‘collective property’ (as opposed to the social construct of individual private property ownership) with, when implemented, the individual in ‘labor service’ (e.g. subservient slavery) to the ‘collective good’ through the ‘state’ (e.g. a ‘ruling class), by the ‘state’ controlling ‘subservience’, or in other words the ‘state’ would control property and the individual serves the state and failing to do so would make you an ‘enemy of the state’.
The fact that Kathy Hochul thinks every place is sensitive, and enacted ‘laws’ to control or prevent access to private property in some aspect by edict (of law), with criminal penalties attached if you did not obey, only reveals her Marxist Socialist side.
One man arrested Saturday after allegedly attempting to hit three people with his car.
“A Columbus man was arrested early Saturday morning on the East Side for allegedly trying to run over three people with his car following an argument, according to Columbus Police.
The argument took place at a home in the 1800 block of Noe Bixby Road around 2 a.m. According to a Columbus Police report, Alexander Oglesby, 32, of the Northeast Side, drove his car onto the home’s lawn in an attempt to hit three people.
One of the three shot at Oglesby in self-defense and struck him, according to police. Oglesby was taken to a nearby hospital for treatment.
Oglesby was charged with three counts of felonious assault and is booked at the Franklin County Jail.”
h ttps://www.dispatch.com/story/news/crime/2024/10/06/man-shot-saturday-after-allegedly-trying-to-hit-three-people-with-car/75543448007/
Thank you President Donald Trump.
I personally think you are an idiot, Hochul. But keep enacting these unConstitutional laws to get struck down and reinforce gun rights and set more precedent to rule more of your laws unConstitutional in the future.
Sucks for us that live here but ultimately that is what is happening and everything we claw back is removed from being applied elsewhere.
“I personally think all places are sensitive.”
That’s because NY is a $hit state.
Clean it up govner.
So gangs of armed illegals are permitted to control Times Square, but legal, background-checked, NYPD-licensed-to-carry citizens can’t bring their self-defense weapons there because liberal state gov declares TS a “sensitive place.
Comments are closed.