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SAF Secures TRO, Prelim. Injunction in NY Public Housing Gun Ban Case

January 31, 2024 By Dave Workman

The Second Amendment Foundation has won a temporary restraining order and preliminary injunction against a public housing gun ban rule in a Cortland, New York case.

A federal judge in New York has granted a temporary restraining order and preliminary injunction to the Second Amendment Foundation and its partners in a challenge of a public housing authority gun ban in Cortland, N.Y. The case is known as Hunter v. Cortland Housing Authority.

U.S. District Judge Glenn T. Suddaby handed down the 29-page decision, which enjoins the defendants and their officers, agents, servants, employees and attorneys “from, taking any action to enforce, or otherwise require any person or entity to comply with the firearms ban as set forth in the ‘Tenant’s Obligations’” in the standard lease agreement pending final resolution of the case.

SAF is joined by three public housing residents, Elmer Irwin, Doug Merrin and Robert Hunter, the latter for whom them case is named. This is the organization’s fourth encounter with such public housing gun prohibitions, and it has been successful each time.

“This is not the first time SAF has litigated a public housing case,” noted SAF Executive Director Adam Kraut, “which have all been about the same thing, a Second Amendment violation. We have won cases in Illinois and Tennessee, and by now, it would seem that public housing authorities should have gotten the message that constitutional rights do not end at the front door. We will continue pursuing such cases as they come to our attention because people do not give up their rights simply because they live in subsidized housing.”

“No public housing authority should be allowed to simply block tenants from exercising their right to keep and bear arms,” said SAF founder and Executive Vice President Alan M. Gottlieb. “The Bill of Rights is an all-or-nothing proposition, not a buffet from which a bureaucracy should be able to pick and choose which rights they find acceptable. We’re delighted with Judge Suddaby’s decision, which is a victory for constitutional rights everywhere.”

 

 

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Filed Under: 2nd Amendment, Headlines, Legal, News, Politics

About Dave Workman

Dave Workman is an award-winning career journalist with an expertise in firearms and the outdoors. He is the author of several books dealing with firearms politics. He has a degree in editorial journalism from the University of Washington and is a lifelong Washington resident.

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