Tuesday, March 14, 2023

Second Circuit to Hear First Comprehensive Post-Bruen Firearms Statute Challenge

 
 

The New York-based Second Circuit will soon hear arguments in what is likely to be the most significant Second Amendment court case of the year. Dozens of Second Amendment groups, gun control advocates, and states see it as the first major test of what courts now deem permissible gun regulations.

Five cases out of New York’s federal district courts will be heard in the Second Circuit on March 20 in front of a panel of three judges. The judges face the difficult task of interpreting the state’s gun laws in the wake of a Supreme Court decision from last year.

The confusion around what is and what is not permissible following the Bruen decision will now face its first comprehensive test at the appellate level after five decisions from lower courts struck down key aspects of the CCIA.

The five cases — Antonyuk v. Nigrelli, Hardaway v. Nigrelli, Spencer v. Nigrelli, Christian v. Nigrelli, and Gazzola v. Hochul — resulted in a number of the CCIA’s provisions being thrown out. A requirement that permit applicants demonstrate “good moral character” was thrown out, as was the requirement that applicants submit their social media information as part of background checks.

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A Clusterfuck, who could have predicted that.

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