BY JEFF CHUDZINSKI
North Country This Week

CANTON — The U.S. Second Circuit Court of Appeals has issued an ex parte ruling in the gun rights case Antonyuk et. al v. Hochul et. al, temporarily halting an injunction put in place by a Federal judge on Nov. 7.

An ex parte ruling is a ruling made with interest of one side only.

That injunction, set forth by Judge Glenn T. Suddaby, meant licensing officers could not enforce the provisions of the Concealed Carry Improvement Act that required an individual to disclose social media profiles, persons in the home and other firearms in the home, among others.

According to St. Lawrence County attorney Steve Button, the Second Circuit court issued the decision in the late afternoon of Nov. 15. The decision does not invalidate the injunction set forth by Suddaby on Nov. 7 but rather gives both the state and the plaintiffs the opportunity to present oral arguments.

“We fully expected an appeal by the state and knew that the case would eventually go to the Second Circuit,” Button said.

The case is one that has been gestating at the state level, with Gun Owners of America and state officials going blow for blow in the courts.

An initial temporary restraining order against several provisions of the CCIA was issued early last month by Suddaby, only to be placed on hold by an administrative action from the higher court. Suddaby subsequently issued an injunction against multiple provisions of the CCIA on Nov. 7, which became effective immediately and offered the state no opportunity to appeal again.

State officials issued a notice of appeal to the Second Circuit on Election Day, Nov. 8, around 5 p.m., according to Button.

Following the notice of appeal, state officials filed an application with the Second Circuit for a stay pending appeal. With that action the injunction from Suddaby has been placed on hold, allowing full enforcement of all provisions in the CCIA.

Those provisions include the disclosure of three years of social media accounts, lists of individuals who live in a home with an applicant, the number of and types of firearms already in the home of an applicant, in-person interviews with law enforcement, a “good moral character” requirement that offers licensing officers broad discretion to deny an applicant a concealed carry license, as well as an extensive list of “sensitive spaces” where firearms are no longer allowed.

Critics of the law considered it too vague and argued it seemingly afforded a licensing officer wide discretion to interpret what “good moral character” meant, offering significant leeway to potentially deny an applicant a concealed carry license.

Private businesses will also once again be forced to post signs saying they allow an individual to lawfully conceal carry a firearm on the premises.

According to Button, no date has been set for oral arguments in front of the Second Circuit. Those arguments are most likely expected to take place sometime in the next three to four weeks, he said.

When the time comes, Button said he fully expects to be in New York City for those arguments as he acts “of counsel” to the lawyers from Gun Owners of America.

The St. Lawrence County Legislature approved Button acting “of counsel” last month and took action that only allows Button to take up such a role with the legislature’s permission.