U.S.A. –-(AmmoLand.com)- On September 13, 2022, Brett Christian, the Firearms Policy Coalition, the Second Amendment Foundation, and others filed suit against the “emergency” measure pushed through the New York State legislature by Governor Hochul, in defiance of the long-awaited decision in NYSR&PA v Bruen.
The Bruen decision clarified the Heller and McDonald decisions, partially restoring the right to bear arms. The right has been incrementally infringed on for more than a hundred years, primarily under the “Progressive” political philosophy, along with its ideological brethren, the “Jim Crow” laws and Black Codes.
The Christian v. Nigrelli case, as it came to be known, pointed out the Hochel “emergency” statute violated the protections of the Second Amendment when it made all private property into “sensitive places” except where the property owners made an effort to extract themselves. From the complaint:
The [Supreme] Court also explained what courts and States could not do. In Bruen, New York attempted to characterize its pre-Bruen ban of public carry as merely a “sensitive place” restriction. Id. at 2133–34. There, the State attempted to define “sensitive places” as “all places where people typically congregate and where law-enforcement and other public-safety professionals are presumptively available.” Id. (internal quotation marks omitted). The Supreme Court rejected New York’s capacious designation of sensitive places. “[E]xpanding the category of ‘sensitive places’ simply to all places of public congregation that are not isolated from law enforcement defines the category of ‘sensitive places’ far too broadly.” Id. (emphasis added). Under Bruen, the designation of “sensitive places” cannot be used to “in effect exempt cities from the Second Amendment” or “eviscerate the general right to publicly carry arms for self-defense.” Id. at 2134. Instead, the only permissible “sensitive places” are those with a “historical basis.” Id.
On November 22, 2022, eleven weeks after the case was filed, Judge John L. Sinata, Jr. posted a decision and order on the request for a preliminary injunction.
The decision struck down the private property ban on carry.
Preliminary injunctions are granted when the Plaintiffs are likely to succeed on the merits, irreparable harm would result without the injunction, and the public interest would be served.
Click the link to read teh whole article: Private Property Band Declared Unconstitutional
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