In a July 2 decision, the Supreme Court reversed an anti-Second Amendment decision from the Second Circuit Court of Appeals and remanded the case back to the lower court for re-hearing in light of the recent Rahimi decision just last week.
In Antonyuk v. James, Gun Owners of America and Gun Owners Foundation along with their client, challenged the prohibitions on gun ownership in New York’s Bruen-response law known as the Concealed Carry Improvement Act.
In particular, they challenged the subjective nature of the statute’s provisions that required applicants for a concealed carry license to:
- Prove one’s “good moral character”
- Have in person interviews with law enforcement
- Provide four “character references”
- Undergo 18 hours of combined training, a tremendous increase from the existing 4-hour requirement
“New York’s anti-gun politicians were quick to double down after the Bruen decision, but today they’ve been smacked down again. With the High Court making clear the Second Circuit got it wrong and by remanding the case back to the lower court, the High Court is forcing New York’s politicians to eat a huge plate of humble pie. We look forward to continuing the fight for New Yorkers’ right to carry – without government pre-requisites,” said Erich Pratt, GOA’s Senior Vice President.
GOA had previously secured a preliminary injunction in federal district court which was then largely overturned by the Appeals court. In February, GOA and GOF filed a petition for certiorari to the Supreme Court. The Rahimi case, which raised serious concerns about amorphous concepts such as “dangerousness,” “responsibility,” and “good moral character” in determining firearm possession rights, may have a direct impact on the court’s interpretation of public safety and gun control laws.
Today’s positive ruling comes on the heels of a number of rulings recently issued by the Supreme Court that side with civil liberties and telling federal agencies to stay in their respective lanes.
