Petition for Certiorari Filed in Antonyuk v. James

 

A Case for Second Amendment Rights in Public Spaces

Operation Blazing Sword - Pink Pistols is proud to announce the filing of an Amicus Curiae brief in Antonyuk v. James, a petition for certiorari which asks the Supreme Court to examine the Second Circuit’s ruling in the case, which mostly upheld New York’s new “sensitive places” laws that ban carry in public places. We are joined in the brief by the Second Amendment Law Center, the Delaware State Sportsmen’s Association, the Hawaii Rifle Association, Gun Owners of California, the Second Amendment Defense and Education Coalition, Federal Firearms Licensees of Illinois, and the California Rifle & Pistol Association.

Our AC brief recounts the massive resistance to Bruen that has arisen in a handful of anti-gun states and compares New York’s law to similar efforts in other states, including California. The brief also uses places that serve alcohol, one of the law's designated “sensitive places,” as a case study to show how the Second Circuit botched the Bruen analysis in at least four different ways. Finally, we argue that the Second Circuit’s reasoning is flawed because it ignores the reality that everyone who carries in modern-day New York is extensively vetted before getting a permit. Before 1900, open carry was generally allowed for anyone, even former criminals, and so any comparison to historical “sensitive places” laws that does not account for this difference presents a skewed analysis. Having already made those with carry permits undergo an extensive vetting process to ensure they are not dangerous, New York shouldn't claim that it needs to ban carrying in most places for safety reasons.

While this may be an uphill climb, we are hopeful that the Supreme Court will make an exception here given the Second Circuit’s repeated insistence on flouting Bruen. In addition, the Petitioners may be helped out by the circuit split that has now developed. In its ruling, the Second Circuit did at least strike down the private property default “vampire rule”, under which those carrying must have permission before entering a private business open to the public; even the Second Circuit felt that went too far! However, this was not the case for the Ninth Circuit, which upheld Hawaii’s similar law in Wolford v. Lopez. We are hopeful that the Supreme Court will grant cert to Antonyuk, Wolford, or both, and urge the Court to do so to vindicate the right to carry.

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