The fight to repeal the gun control bill that Kathy Hochul signed into law last year is getting white hot, and the NYS Firearms Association is smack dab in the middle of it!
Having just returned from the federal courthouse in Manhattan, I am going to give you a thorough update on where things stand — and let you know what’s going to happen next.
But first, I want to thank you.
Many gun owners here in New York State complain about the politicians in Albany and their non-stop war against our gun rights, but don’t do anything to try to stop it.
NYSFA members are different.
Thanks to the support of NYSFA members, our legal team filed the hardest hitting Amicus Briefs in this case, showing the court how Hochul’s law violated the Second Amendment and last year’s Bruen decision.
(NYSFA’s Aaron Dorr (Left) moments before walking into the 2nd Circuit Court of Appeals in Manhattan last week.)
And, having sat through three hours of oral arguments in Manhattan last week, I can tell you that your support is making a huge difference!
Before I get into what happened in court, you should know that NY Attorney General Latisha James was there in the courtroom that day, in person.
James and Hochul know that the stakes couldn’t be higher. That’s why James showed up even though she wasn’t arguing before the court, as a sign of just how serious these legal challenges are to last year’s gun control law!
While every word of Hochul’s gun control law from year is a violation of the constitution, our legal team is focusing on three areas of the law in particular.
- First, we are challenging the social media sections of this law, as they are blatantly unconstitutional!
This section requires gun owners to list their current and former social media accounts when applying for a pistol permit, allowing state agents to deny applications based on posts they think are ‘threatening.’
Our lawyers showed that besides being a direct attack against gun owners (if you fail to list off a previous social media account that you no longer use, you could face felony charges) this provision violates the Bruen decision.
Bruen held that ANY future gun control laws had to show how they were in compliance with the historical use of firearms in this country — and there is no precedent for this requirement.
- Second, we are challenging the ‘restricted locations’ provision of this law as they violate the Equal Protection Clause, which forbids the unequal application of the law.
The restricted location section of this law applies to you and me, but it clearly exempts bicycle messengers that are licensed to carry in New York City.
The law must apply evenly, and to everyone. Hochul’s gun control law does not do that. It should be noted that our lawyers were the only ones who made this argument.
- Third, we are challenging the ‘sensitive locations’ section of the law that makes it a felony to carry a firearm in any business that doesn’t explicitly authorize concealed carry.
Our challenge here was based on the Equal Protection Clause in part, but also on the fact that this language violates the clear instructions of the Bruen decision.
In Bruen, Justice Clarence Thomas specifically said that the Second Amendment, “protect[s] an individual’s right to carry a handgun for self-defense outside the home.”
By effectively banning concealed carry in every commercial business, Hochul’s law specifically precludes gun owners from carrying outside the home.
Judge Lynch, in particular, seized on this point when he asked Hochul’s lawyers what precedent existed for an across-the- board law that keeps gun owners out of all businesses.
The state tried to conjure up a reply to this, but failed, as no such precedent exists.
Towards the end of oral arguments, Judge Lynch expressed clear exasperation with the law, openly asking Hochul’s lawyers how it could be that AFTER the Bruen decision (which struck down the ‘special needs’ section of our permit law) even FEWER New Yorkers will be able to obtain a pistol permit.
Judge Lynch certainly seems to agree with NYSFA attorneys that Hochul’s gun control law isn’t just oppressive, it’s a giant middle finger to the United States Supreme Court!
(Judge Lynch asked detailed questions about the constitutionality of the ‘sensitive locations’ section of Hochul’s gun control law.)
The big question coming on the heels of oral arguments is ‘when can we expect a decision from the court?’
Unfortunately, I can’t answer that for you.
There is certainly an urgency to this case; the court made that clear. But the court must define what a ‘sensitive place’ is in light of the Bruen decision, and that will take time.
As we expected, the decision of the 2nd Circuit may be largely symbolic, as it’s clear that this case is headed back to the United States Supreme Court.
When talking about the issues the court needed to address, Judge Lynch said, “We’re going to make our best guess on this case, and then it’s going back to the Supreme Court and they can tell us how wrong we were.”
Everyone in the courtroom laughed at hearing this, because it underlies what we all know to be true: one way or the other this case will wind back up in the Supreme Court.
If Kathy Hochul and Latisha James don’t like the outcome of this case, they can certainly appeal it.
(NY AG Letitia James was present for oral arguments, as she is fully committed to defending Hochul’s gun control agenda.)
But it’s more likely that we’ll secure a partial victory in the 2nd Circuit, with major portions of Hohcul’s law remaining intact — meaning that it’ll be gun owners who appeal this case.
Either way, it’s clear that the NYS Firearms Association needs to prepare for the next round of this legal battle.
After meeting with our lawyers, I am anticipating that the NYS Firearms Association will need to raise approximately $50,000 to engage at the Supreme Court level.
And, even though you’ve been so generous throughout this fight, I hope you’ll consider a donation of $50 or $100 to make sure that we can drag Kathy Hochul before the Supreme Court!
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I know that’s asking a lot.
But we don’t have a choice.
The only way for us to undo the damage that Hochul’s gun control law did is by taking her into court. And the good news is that this is the most pro-gun Supreme Court of our lifetime — there has never been a better time to do this!
So if $100 is not an option for you today, I hope that you’ll consider $50, $25 or some other amount so that our lawyers can prepare for the next phase of this fight.
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Gun owners in New York State have been being kicked in the teeth for a long time. But thanks to new district court judges and a revamped Supreme Court, we’re taking back our rights!
For New York State,
Aaron Dorr
Executive Director
NYS Firearms Association
P.S. The 2nd Circuit Court of Appeals has just wrapped up oral arguments on five lawsuits challenging last year’s gun control rammed into law by Kathy Hochul!
Thanks to your previous support, our lawyers filed a hard-hitting Amicus Brief attacking three primary sections of Hochul’s gun control law.
While there is no clear timeline on when we’ll hear back from the court, this case is all but guaranteed to go before the Supreme Court!
Please make a donation of $100, $75, $50 or at least $25 so that the NYS Firearms Association can engage our legal team to get ready to take this appeal to the Supreme Court!
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