Times Square gun free zone sign gun-free
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From the Second Amendment Foundation . . .

The Second Amendment Foundation today filed a federal lawsuit challenging a new gun control law adopted in New York State following the Supreme Court’s nullification of its previous concealed carry state that required “proper cause,” alleging the state’s new statute is just as unconstitutional as the previous law.

Joining SAF is the Firearms Policy Coalition, Inc., and two private citizens, Brett Christian and John Boron. Defendants are Kevin Bruen, superintendent of the New York State Police, and John J. Flynn, Erie County District Attorney, in their official capacities. The case is known as Boron v. Bruen. It was filed in U.S. District Court for the Western District of New York.

According to SAF founder and Executive Vice President Alan M. Gottlieb, passage of Senate Bill S 51001 by state lawmakers in Albany “replaced one unconstitutional licensing scheme with another.” 

The new measure bans the lawful, licensed carry of firearms in so-called “sensitive places,” and presumptively most property in the state, creating a de facto ban on firearms carry for personal protection. As a result, SAF and its partners are asking for Declaratory and Injunctive Relief from the court.

“The New York Legislature and Gov. Kathy Hochul are making a mockery of the Supreme Court’s ruling in June, which struck down the state’s onerous ‘proper cause’ requirement in June,” Gottlieb said. “While they’re playing politics, the rights of law-abiding New York citizens are being cavalierly trampled. We cannot allow that to happen just so anti-gunners in Albany can play games with the constitution, just to see whether they can get away with it.

“The fact that New York’s new regulatory scheme essentially prohibits lawful carry in most public places is outrageous,” he continued. “The state is being too clever by half, and we’re confident that the federal courts, with the recent guidance from the Supreme Court on Second Amendment jurisprudence, will bring a quick end to this nonsense.”

Plaintiffs are represented by attorneys David H. Thompson, Peter A. Patterson and John W. Tienken with Cooper & Kirk, PLLC, and Nicolas J. Rotsko with Phillips Lytle, LLP in Buffalo, NY. 

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58 COMMENTS

  1. Not to mention the fact that in order to apply for the permit you must allow the authorities to search you social media posts for “evidence” of wrong-think. Violation of the 1st and 4th right there.

    • I would deny them the passwords to search my accounts, and dare them to deny the permit.

      One would think the superintendent of the New York State Police, a certain Mr. Kevin Bruen, would have no interest in having to “Stand tall before the Man” (Justice Clarence Thomas) for a *second time* and get a repeat humiliation maybe worse than just a few months earlier.

      Then again, fuck him and his arrogance. It will be hilarious having St. Thomas bitch-slap him into the next century by setting the conditions of carry bans to only courts, schools, and Times Square 6 PM New Years Eve to 6 AM New Years Day, and everywhere else good to carry.

      C’mon, Kev. Let’s see how you’re not afraid of the ‘Big Black Man’ on the High court…

      *snicker* 😉

  2. I almost fell off my chair in frustration and exasperation when reading this but did manage to spill my coffee.

    WTF makes anybody think that a lawsuit like this is going to stop them when they gave the big middle finger to the supposedly SUPREME Court ruling Law of The Land?!

    And even if their lawsuit rendered some kind of temporary injunctive mitigated relief, it would be appealed. These MLA (Marxist Liberty Assassins) know too well how to play the court system. AND, they’ve got a couple other even more insidious tactical disarmament
    implementations that will even prohibit your 2nd/A carry rights more despotically in the meantime.

    I remember one really bad one from the Obama days that was bounced around their gun control efforts for a bit then faded out so I’m not going to mention it again in case they might have forgotten about it. I called it the GOG (Gun Owners Guillotine) at the time. It could have been complicated to get rolling a few years ago but now it can be easily done almost immediately.

    So go ahead, waste time and money suing for shit that would be better spent on election work Campaigning by stopping their disarmament agenda the old-fashioned Jeffersonian way by beating them at the polls, FIRING all the above-the-law corrupted leftist Marxist officials, and then installing Constitutional Prosecutors who will follow the precedent Constitutional law and indict them for the serious Deprivation of Rights felonies under 18-241-242 and other Oath Violating offenses. And then repeal and nullify virtually all gun control and prohibitions.

    Otherwise, we are just continuing to play by their above the law totalitarian game rules.

    But if you can’t get off you addiction to litigation problem, then how about an immediate class action suit against the campaign of Fetterman for the Virginnia Senate seat?

    Not only is it clearly unethical to sponsor a candidate who is medically damaged to a point of obvious dysfunctional cognitive dissonance, it must be some kind of criminal behavior to abuse someone who is diagnosed an invalid in that condition by running them in a high-pressure stressful campaign for a difficult high intensity job? Where lack of, or poor performance due to mental issues could result serious damage to the Country???

    • Judging from the amount of despair trolls and other farm posts this particular lawsuit is collecting compared to about half a dozen others that have been dropped or ruled to lack standing I am guessing it is one that has a better chance of success. As to not changing anything we shall see. The amount of panic I saw in the office when NYSRPA vs Bruin’s implications became obvious made coming to work fun and the mask cannot be put back on at this point as harassing Catholics and Natives is about all that is left for justifying any restrictions historically.

      • “Despair trolls” – exactly. NYSRPA v Bruen has made a huge difference, and the offensive is underway in NY. In other, saner states gun control is already being rolled back with much less of a fight. And yet: “Oh woe is me! I’m not getting what I want right this second. Nothing will ever change. The courts are pointless. Etc. etc. etc.”

        NY gun owners are leading – and, frankly, winning – this fight right now, on the worst, most difficult, and frustrating legal terrain possible. The sheer number of 2A lawsuits happening in NY is crazy. Already, one judge has called the entire CCIA scheme unconstitutional, failing to void it only because of standing. This SAF suit, the new NYSRPA suit, and many others are simply the next rounds down range.

        It almost makes me wish I still lived in NY. Almost… 🙂

        • The NY Gun owners subreddit is especially bad with that type of thought but there it is more younger shooters that have a less defined grasp on the interactions of law, constitution, and the implications of the current situation. Elsewhere I can only hope the posters are getting paid to push that dead horse of a lament.

        • Yeah, I’ve been lurking on a few of the NY forums, and I’ve seen a lot of despair: very real and very personal frustration with laws that are almost impossible to comply with and a state gone completely rogue. I get it, for sure. But I do believe NY is going to get slapped down hard in the next few months – reason for some optimism, at least for now.

        • I said the hell with it and left NY for WV last year. I’m still quite loyal to my home state (not its corrupt government), but the move was all upside, and virtually no downside for me.

    • “WTF makes anybody think that a lawsuit like this is going to stop them when they gave the big middle finger to the supposedly SUPREME Court ruling Law of The Land?!”

      Because the *tone* of the NYSRPA v Bruen decision was a *stark warning* of what awaits the Leftist Scum ™ if another gun rights case drops into Clarence Thomas’s judicial in-basket.

      Don’t you think someone will point out the clear and present dangers of allowing that to happen? They may be evil personified, but they didn’t get to where they are now by being fucking *stupid*…

    • simply electing others 2A friendly is not a solution, it can go a long way towards making things right but its not a solution. Its necessary to set precedent in law to prevent further prohibitions of the same for when those times arise when the 2A friendly are not in office, so its necessary to battle this in court now and win. Unfortunately, the “injunctive mitigated relief” step is necessary in lower courts before we can go all the way towards a complete win. Ya gotta climb a ladder to get to SCOTUS level, the “injunctive mitigated relief” is one rung in that ladder.

      • This. The whole point is that constitutional rights are inviolable. Unfortunately, that does need to be stated legally, loudly, and with no ambiguity in the case of some disfavored rights, which is what Bruen was all about (and honestly, I wish it were even firmer and clearer than it is).

        It isn’t enough just to elect pro-2A politicians. Without firm legal guardrails, ANY politician may decide that a payoff, back room deal, or moral moment is more important than some peon’s inconvenient rights.

        Politicians, even good ones, ultimately work for themselves, not for us. They represent us to the extent that their interests align with ours. Like a naughty dog, politicians are best kept on a short leash.

      • People, I know I’m not a great communicator, unless we’re on a combat mission…then you’d probably listen more carefull, but having a cackle of pro-Marxist politicians in power is why ‘they’ are beating the shit out us in the first place!
        You’re all paying attention too much to lawyers in the first place to handle what the ‘We The People’ element in the mix can do pretty easily if we truly wanted to.
        As far as setting precedent, there’s a half a dozen ‘firm legal guardrails’ in the form of LAW of The Land SCOTUS rulings that I recently re-read that already affirm and confirm without question in absolute ‘settled’ standing that there’s no way to infringe upon your 2nd and 4th/A rights. Period. Not with other laws, not with mandates, not ‘chevron’ bullshit, not with anything. Not to mention serious felony crimes if you violate this law?

        So why the fuck does anybody understand that the best, simplest, and quickest way to beat them is to garnish enough votes to take them out of office?

        It’s a simple political game that they’ve been practicing to beat everybody at for decades. And if we don’t fight back on that level, we’ll lose and lament the fact for the rest of our lives. It’s fine to file lawsuits, but not as a priority effort when right now when we’re down and dirty in the dirtiest politcal campaign war in history.

        It’s like, what part of They who ultimately have all the political power, get ALL of what they want, one way or another, can’t anybody get yet?

        Have we all been so mind-fucked through the non-stop bullshit brainwashing to be redirected into non-objective nit wit reasoning?

        Or are we just too abjectly fat-assed lazy to get out to our local campaign offices and do some hands on helping to get out the ‘independent’ voters.
        Where I’ll be in a few minutes from now.

        • I’d say it’s a combo of lazy and brainwashing.

          Folks tend to turn out and vote for one reason – They’re mad as Hell, and don’t want take it any more from the other side in power.

          While that’s some genuine shit-hot MoJo to motivate your side to turn out, the longer and harder you try and ramp up the anger, the less effective it becomes. Desperate politicians lose elections that way. Folks burn out on constant stimulus.

          But you know that.

          It’s a very, *very* delicate balance to try and maintain for any length of time. Upping the dramatics tends to eventually numb people out, and disengaged voters tend to stay home on election day.

          What you’re doing is probably the most effective, turn the disengaged back into engaged voters that will turn out…

    • Well, the Second Amendment IS BIG BUSINESS for both sides. Our Founding Fathers would already have been finished shooting a second time. Were Patriots to man up and settle this crap once and for all, a shit ton of lawyer critters would be sucking wind to make their house/SUV payments.

    • jfkjr,

      There are not enough pro-Second Amendment voters in New York to elect a majority of pro-Second Amendment legislators to office.

      The courts are the final peaceful stopgap measure to prevent “tyranny of the majority”. For the unaware, tyranny of the majority refers to the fact that a simple majority can vote for anything if there are no courts to invalidate “majority rule” when said “majority rule” violates the inalienable rights of minorities.

      Here is an example of tyranny of the majority:
      All it takes is 51% of the populace to vote (either directly themselves or indirectly through elected representatives) for a law which requires all citizens with blond hair to surrender ALL of their income to government for redistribution to all people who do not have blond hair. That would obviously be an unjust situation. Nevertheless, simple democracy (a.k.a. mob rule) allows just such a thing to happen. Unless of course there is a court system which can declare such a law to be null-and-void because it violates the rights of a minority class.

    • The brief is linked under “Federal Lawsuit” in the article but still relatively new for more detailed info.

  3. Fetterman is running in Pennsylvania and on what grounds would you file a class action suit? His stroke, his heart/cancer problems? There’s no Constitutional restriction for the sick running for office, just look a Biden.

    • You force him to stand in front of a microphone and video camera and speak. That’s all it will take… 🙂

        • You can leverage the fact he won’t against him. What’s he scared of? (Besides the obvious).

          Sew the seeds of doubt, and watch them grow…

    • Fetterman’s heart problem is that he doesn’t have one; not a brain. His cancer problem is that he IS a cancer upon the populace. With his (lack of) work history and not being able to feed for himself, what on God’s Green Earth makes him think he is qualified for ANY political orifice; apart from the fact that he has watched AOC do it. She never was qualified to hold a Congressional seat, IMO. Tending bar is NOT a sound basis to enter politics. And an overgrown adolescent who has lived off Mommy and Daddy’s largesse his entire life makes his fit for NOTHING productive. My 2¢ worth.

  4. there not making a mockery of the Supreme Court, the Supreme Court snowed NewYorks right to bear arms just like every other Constitutional Right.
    We the people have only one right and that’s to remain silent until they torture it out of you.
    .
    I Hate Trump
    I vote Democrat
    Terminate the Republicans
    One World Order
    Praise theBiden.
    that’s the New and Improved freedom of speech.

    • “We the people have only one right and that’s to remain silent until they torture it out of you.”

      Makes you feel Blessed to live in damp burrow at the bottom of a drainage culvert, doesn’t it Marsupial One… 🙂

        • As a further insult, those driving the mowers were probably a work gang from a nearby prison…

        • I love it when the forestry dudes come through for the power company. “Congrats. Now you have a yard full of half trees. We cut them in the ugliest way possible, just for you. It was extra work to do it that way, but you’re worth it.”

  5. As long as Gun Control is not defined by its roots in racism and genocide the tug of war with a Constitutional Right caught in the middle will continue.

    Gottlieb shows up to go tit for tat with ny, but when it comes to defining Gun Control by its roots in racism and genocide where is Gottlieb, Grisham and the rest of the so called defenders of the Second Amendment? Nowhere.

    Nowhere when following Uvaldie Chip Roy stood on the floor of congress and made a speech that defined Gun Control. And what happened? The speech gets little to no press. If it were not for hearing the speech played on Bongino by a woman guest host I would not have never heard it. Goes to show where the tit for tat so called defenders of 2A are at. Hey Gottlieb, I heard everything and I mean everything holcul and her ilk had to say. I would like to hear what you and Grisham have to say about being zipped lipped about defining Gun Control by its history if rot.

    https://youtu.be/WlItbl9SOAg

  6. Here is a poll that even the Far Right Radicals on T Tag will not be able to reject because it comes from their beloved far right radical Fox News.

    https://nypost.com/2022/06/15/fox-news-poll-bipartisan-majority-of-voters-favor-stricter-gun-laws/

    A bipartisan majority of voters strongly support stricter gun legislation, a national Fox News poll found in the wake of several mass shootings that have rocked the country.

    Voters are overwhelmingly in favor of requiring background checks to purchase a gun, with 88% of responders saying they support them. A whopping 84% say they want to improve existing gun laws, according to the poll.

    Another 82% of voters say they are in favor of raising the age to purchase assault weapons from 18 to 21 and 78% support raising the age to 21 for any gun.

    Eight in ten voters (81%) support passing “red flag” laws that would allow law enforcement to seize guns from people shown to be a danger to themselves or others and 78% support mental health checks.

    Over three quarters of voters (77%) support a 30-day waiting period for all gun purchases and 70% favor banning high-volume ammunition clips.

    The poll found 63% support banning assault weapons outright.

    Though still a majority, only 56% of voters said they believe tougher gun laws would reduce mass shootings in the United States, while 39% do not, according to the poll.

    • Rejected due to lack of giving a fuck what dumbasses want and/or poll questions were taken out of context to mean see it all in court.

    • Rejected because Bruen has finally made it crystal clear that polls like this have no standing in the debate over whether any 2A infringement is allowed or not.

    • dacian, the Dunderhead. That poll is as bogus are you are. Phrasing of questions to get the response you want is not polling. It’s fishing for propaganda.

  7. SCOTUS has an annoying habit of writing their opinions vaguely. If SCOTUS wants to nip this in the bud, their rulings must be written specifically.

    If Americans have the constitutionally protected right to bear arms outside their homes then that right should be protected on any path to and from their home.

    Private land-owners can do as they wish on their lands, but government can not force a default policy on private property.

    If Americans are forced to enter a government building to comply with law, their right to keep and bear arms should be protected there so long as the person’s presence in the building is not due to arrest or flight from the law.

    If I am required by law to enroll my child in school, and my presence in that school is required by law for any reason, my right to bear arms should also be protected there. Government can not make requirements of you that deprive you of your rights.

    If SCOTUS does not want their decisions to be mocked by the states, they must write specific protections and conditions into their rulings.

    Scalia was a great justice, but his court left the door open for 2nd amendment violations due to the vagueness of “dangerous and unusual”.

    We need to demand better of our SCOTUS justices.

    • Clarence literally discussed this in his majority opinion. It’s a good read and recommend you check it out. He clearly has a lot of passion and put a lot of thought into it. This isn’t ambiguous, NYC is blatantly defying the Supreme Court.

    • Have you even read the Bruen Decision It is pretty explicit. NYS is in CONTEMPT OF THE SUPREME COURT. Each member of the legislature, who voted for this bill and Governor Hochuk, should be found in CONTEMPT and should be fined in the amount of not less than ONE MILLION DOLLARS EACH!

  8. I love this. They’re throwing such a huge tantrum they’re literally going to force the SC to expand gun rights further. Based Clarence already literally stated in his majority opinion that this restriction is not permissible. He’s going to go caveman on NYC and it will be glorious.

    • I’m not convinced it will actually get to SCOTUS. I think it’s likely that the matter will be settled properly (per Bruen) before that happens.

      • If they’re smart they will back down.

        Then again, utter arrogance is trait the Leftist Scum ™ have in abundance, and maybe it’s for the best that St. Thomas gives them the Bruen decision part deux, ‘Boogaloo’, in a quantity they never forget… 🙂

        • I would tune in for that, for sure. 🙂

          NY is actually in a bad spot now, because if any one of these cases works its way all the way to SCOTUS, that court is likely to unleash exactly what you describe. But if NY takes its licks in a lower court, all they’ve done is create new precedent that makes it that much harder for them to get what they want in the future.

          Their only hope is to somehow win, i.e. to find a judge that will agree – and make it legally stick – that infringing on the 2A is perfectly fine, just because. After Bruen, I don’t see it. And the Concealed Carry Improvement Act is a particularly impossible overreach to defend – it wouldn’t have stood muster even before Bruen, much less now. Hence the appeal to colonial era racism and anti-Catholic bigotry… the left is just terrible.

  9. ONce again by challenging each and every measure for guncontrol even realtively minor one you are only hastening your own demise. What you SHOULD be doing is CO-OPERATING withnthe authorites on measure tghat even yuo must know are sorely needed if the yearly death toll of GUN CRIME is to be reversed. 22,000 per annum [ and that is estimated to climb to 35,000 by 2035] simply cannot be tolerated.
    America has to wean itself away from an industry that puts profits before lives and the buying of politicians before good goverance.

    • Nah taking the cake back……….all of it. As to criminals nothing that some appropriate sentences couldn’t handle if actually enforced.

    • The authorities have no interest in “cooperating” with gun owners, except to the extent that those owners are willing to giv up more and more of their rights with nothing in return.

    • You wrote, “ONce again by challenging each and every measure for guncontrol even realtively minor one you are only hastening your own demise.”

      I heard, “Once again, by actually winning, you are doing something I don’t like because I prefer to live as a subject, not a citizen.” Your counsel is noted and rejected.

      p.s. You need an editor. Badly.

      • Editor wouldn’t help and couldn’t make sense of that word salad one single iota.

        Trying to make sense of crazy infused idiocy is a lost cause.

        • Gotta wonder if the OP is, in reality, either Jen Psaki or Karine Jean-Pierre. Word salads are their specialty. We already know that the latter get the job because she fit Bidont’s main criteria – female, black and gray. Whatever happened to competence, which she clearly is not. Even moreso that Psaki.

      • Agreed 100%. If the OP doesn’t like it, let HIM move to somewhere that HE can be subject to every capricious whom the gummint feels is necessary to be impose upon it’s serfs.

    • Albert L J Hall, “Minor” Have you even READ the law that was passed in NYS? I did not think so. It virtually makes each and every square foot of NYS a “gun free zone”. This VIOLATES the BRUEN Decision which I am sure you have not read either.

  10. Agreed 100%. If the OP doesn’t like it, let HIM move to somewhere that HE can be subject to every capricious whom the gummint feels is necessary to be impose upon it’s serfs.

  11. It’s NYC, I hope they self emplode. I would like to see a blue flu city wide for about two weeks. They want victims, well let them be victims. I hope the impending rail strike hits them hard. No railroad workers, no rail service as in no food delivery. Give NYC two weeks and they will be eating the neighbors dog. Too bad it is not in the middle of winter. Just went outside with a cocktail and checked the national sympathy meter for NYC, just as suspected, it was on empty.

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