The Second Amendment Foundation has filed a federal lawsuit challenging a new gun control law hastily adopted in New York State following the Supreme Court’s nullification of its previous concealed carry statute that required “proper cause,” alleging the state’s new statute is just as unconstitutional as the previous law.
The court ruled 6-3 in June that the requirement was unconstitutional under the Second Amendment.
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.
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.
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.”
