Attorneys for the Second Amendment Foundation have filed a response to a motion by the State of New York, asking for a stay in SAF’s challenge of New York’s revised concealed carry law which essentially prohibits carry on or in private property.
Joining SAF in this lawsuit on behalf of New York resident Brett Christian is the Firearms Policy Coalition, Inc. The complaint was filed in U.S. District Court for Western District of New York.
U.S. District John L. Sinatra granted a preliminary injunction against enforcement of the “private property exclusion” tenet of the law, calling it “unconstitutional.”
“We see absolutely no reason why Judge Sinatra’s ruling should be stayed,” said SAF founder and Executive Vice President Alan M. Gottlieb. “Given the substantial likelihood we are going to prevail, the state’s request is unwarranted. The state is simply trying to delay the inevitable.”
In their response to New York’s plea, SAF attorneys note, “In addition to many location-specific restrictions, New York established a novel and unprecedented presumption that bans the possession of firearms by ordinary, law-abiding New Yorkers—such as Appellee Brett Christian—on all private property in all parts of the State unless and until the owner or lessee of the property puts up ‘clear and conspicuous signage’ allowing firearms ‘or has otherwise given express consent.’ This is a state-imposed default ban on exercising Second Amendment rights ‘outside the home.’”
“This anti-carry presumption is clearly unconstitutional,” Gottlieb said, “because the state is unilaterally trying to impose the right of property owners to keep firearms off of their property on every private property owner in the state. New York property owners never gave the state permission to act on their behalf when it comes to allowing legally-armed friends and neighbors on their property or in their homes. The state is clearly overreaching and it needs to stop.
“We knew New York would stubbornly resist changing the carry law following the Supreme Court’s Bruen ruling,” he added, “but even if we have to drag the state kicking and screaming into the 21st Century, where the rights of Empire State gun owners are fully restored, we are going to get the job done.”