Antonyuk, et al. v. Chiumento, et al.
Overview
(U.S. Court of Appeals for the 2nd Circuit, December 8, 2023) The Second Circuit Court of Appeals is allowing many provisions in New York’s Concealed Carry Improvement Act (CCIA) to remain in effect and paused others while the lower court hears a full challenge to the law. The CCIA was passed in response to the U.S. Supreme Court’s decision in Bruen striking down New York’s stringent concealed carry law and was immediately challenged. The trial court issued an injunction preventing enforcement of some CCIA provisions and allowed others to go into effect. The State’s highest court weighed in, finding that three provisions would be stayed pending trial: 1) requiring applicants for a concealed carry permit to list their social media identities; 2) prohibiting firearms at religious institutions; and 3) imposing a default that firearms are prohibited on private property open to the public. The court allowed continued enforcement of: 1) the requirement that an applicant demonstrate good moral character and disclose household and family members on a permit application; 2) the ban on concealed carry in sensitive places, including behavior health centers, public parks, zoos, theaters, conference centers, and places licensed for on-premise alcohol consumption; and 3) requirements for an in-person interview, character references, and 16 hours of training. Read the full opinion here.
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