Victory at Sinatra!
On October 10, 2024, the Hon. John L. Sinatra issued a “Decision & Order” in Christian v. James to permanently enjoin the NYS Police from enforcement of the 2022 subsection of the “Concealed Carry Improvements Act” that tried to prohibit concealed carry on private property open to the public, finding the law unconstitutional under the 2nd Amendment via the 14th Amendment to the U.S. Constitution. The order was immediately effective, and Judge Sinatra, further, denied the motion of the NYS OAG for a stay of his order pending appeal. The order holds in abeyance additional questions of specific locations, such as public parks, pending the anticipated second order from the Second Circuit Court of Appeals in Antonyuk v. James.
Okay! That’s a meaningful victory, and it’s also a lot to unpack. So? Let’s get to it. Download your free copy of the 43-page PDF of the Christian v. James “Decision & Order” of October 10, 2024 by clicking HERE.
Statutory Background. In 2022, as part of a 10-bill package, Gov. Kathy Hochul jammed through, among others, the CCIA, which included, among others, a legally-bizarre proposition that private property open to the public would be inverted to require written permission or a posted sign granting permission to carry concealed on the property. In other words, Hochul attempted to flip on its head the historic presumption that civil rights extend into private property open to the public, including, but not limited to, any Second Amendment right that may exist for the law-abiding citizen engaged in the concealed carry of a handgun.
Statute. The provision was housed at NY Penal Law section 265.01-d.
Judicial Ruling. That provision of the CCIA is now prohibited against enforcement by the NYS Police in the 17 counties under the jurisdiction of the Western District Court, where Judge Sinatra sits. To find out if you are in one of those W.D.N.Y. counties, click HERE for the appropriate W.D.N.Y. court website page.
The Erie County District Attorney is also prohibited from enforcement of this provision. This one county district attorney is prohibited because that office was a co-defendant, basis the county of residence of one of the individual plaintiffs.
Quotes From The Decision. Here are a few quotes from the Christian v. James “Decision & Order” that are particularly clear:
“The State’s criminal enactment barring carrying of arms on private property open to the public violates the Constitution.” (p. 25)
“The State fails to show any relevant tradition.” (p. 35)
“Nothing in the Nation’s history or traditions closes the door on that right [of concealed carry] across all private property open to the public.” (p. 40)
“…New York’s restriction “violates the Fourteenth Amendment by preventing law-abiding citizens with ordinary self-defense needs from exercising their right to keep and bear arms,”” citing to NYSRPA v. Bruen. (p. 40)
Limited Applicability. What’s the value of this decision in the E.D.N.Y., the S.D.N.Y., and the N.D.N.Y.? It’s persuasive, but not binding. Even for the NYS Police. Judge Sinatra’s district court jurisdiction only extends so far.
Moving Forward. It is reasonable to project that, if the State does appeal Judge Sinatra’s Order, the Second Circuit will uphold it, and the permanent injunction could go statewide. It’s reasonable to project because of what the Second Circuit already said in the single, combined opinion under the heading Antonyuk v. James (HERE), which included Christian v. James, before it remanded Christian v. James back to district court for further proceedings consistent with its opinion. Thus far, this one, significant provision has been consistently criticized by the district and circuit courts.
The Christian case will have further proceedings after the Second Circuit issues its second order in the Antonyuk case. As you may have figured out, when the Second Circuit issued its first opinion on December 8, 2023 in the combined Antonyuk, Christian, Hardaway, and Spencer cases (HERE), the Antonyuk case appealed via petition to the U.S. Supreme Court, while Christian, Hardaway, and Spencer went back to their respective district courts. SCOTUS granted cert in Antonyuk, and remanded it for further proceedings at the circuit court consistent with its 2024 decision in Rahimi v. U.S. The Second Circuit directed supplemental submissions be made in Antonyuk by September 4, 2024. Concurrent attorney submissions were filed on time. This case is now awaiting decision.
That is a whole lot of legal, unpacked!
Commentary From The Crow’s Nest? The Christian grant of a permanent injunction against the NYS Police and the Erie County District Attorney struck a blow against an ill-advised play by Gov. Hochul to reverse hundreds of years of real property law and decades of the evolution of civil rights. She’s from Erie County. She was Erie County Clerk. And she’s batting for a political party that swings a bat emblazoned with “equality.” Even if an individual opposes the Second Amendment, it is part of the greater Bill of Rights and the Fourteenth Amendment Equal Protection Clause. You cannot oppose a single amendment without putting all other individual civil rights protections at risk. The Governor could do to eject the catcher from whom she is taking her pitch calls. This one just sailed out of the park off a bat stolen from their dugout, and it's emblazoned with the truth of what “equality” means in America.
