Defending New York’s Concealed Carry Improvement Act.
Courts: Northern District of New York; Second Circuit
Issues at Stake: Public carry; Licensing; 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 Ass’n v. Bruen and identifies sensitive places where firearms are prohibited.
On October 19, 2022, Everytown filed an amicus brief in the U.S. 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 court should center its historical analysis on 1868 as opposed to 1791, and should also consider later laws. Third, it explains how even a small number of laws can be sufficient to establish a tradition of firearm regulation under Bruen.
The district court granted the plaintiffs’ motion for a preliminary injunction on November 7, 2022, and New York appealed. Everytown subsequently filed an amicus brief in the Second Circuit. In addition to expanding upon the three points raised in the district court, the brief also explains why the Second Circuit should consider context when evaluating the historical record.
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