Defending New York’s Concealed Carry Improvement Act.
Courts: Western District of New York; Second Circuit
Issue at Stake: Sensitive places
Summary: Christian v. Nigrelli is a challenge to certain provisions in New York’s Concealed Carry Improvement Act. Among other things, plaintiffs challenge carrying restrictions in parks, public transit, and on the private property of others.
On November 12, 2022, Everytown filed an amicus brief in the U.S. District Court for the Western District of New York in defense of New York’s law. The brief argues that the regulations are constitutional under the approach to Second Amendment cases set out in New York State Rifle & Pistol Ass’n v. 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, it argues that the court should center its historical analysis on 1868 as opposed to 1791, and should also consider later laws. Third, the brief urges the court against dismissing the state’s historical analogues as outliers, because even a small number of laws can be sufficient to establish a tradition of firearm regulation under Bruen. Finally, the brief shows how the plaintiff’s arguments about historical restrictions are mistaken.
The district court granted the plaintiffs’ motion for a preliminary injunction on November 22, 2022, and New York appealed. Everytown subsequently submitted an amicus brief in the Second Circuit, expanding upon the points above to urge the Second Circuit to reverse the district court’s decision.
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