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Antonyuk v. Hochul (Antonyuk II)


Defending New York’s Concealed Carry Improvement Act.

Court: Northern District of New York

Issues at Stake: Public carry; Licensing/registration; Sensitive places

Summary: Antonyuk II is a second challenge, following Antonyuk I, to New York’s Concealed Carry Improvement Act (“CCIA”). The CCIA strengthens New York’s permitting requirements in the wake of New York State Rifle & Pistol Association v. Bruen and identifies sensitive places where firearms are prohibited.

Everytown filed an amicus brief in the United States District Court for the Northern District of New York in defense of the CCIA. The brief raises three main points in arguing why the regulations are constitutional under the approach to Second Amendment cases set out in Bruen. First, it explains that plaintiffs have not met their burden to establish that the Second Amendment’s plain text covers their proposed conduct. Second, the brief argues that the relevant focus for historical inquiry is the second half of the 19th century and later periods, and that firearm regulations during these periods demonstrate the constitutionality of the CCIA. Third, it explains how Bruen’s analysis reveals that even a small number of laws can be sufficient to establish a tradition of firearm regulations—a standard the state’s robust record exceeds. 

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