BY JEFF CHUDZINSKI North Country This Week Gun rights advocates and state officials are set to square off in court on March 20 over multiple provisions of the Concealed Carry Improvement Act after …
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BY JEFF CHUDZINSKI
North Country This Week
Gun rights advocates and state officials are set to square off in court on March 20 over multiple provisions of the Concealed Carry Improvement Act after the U.S. Supreme Court decided against weighing in on the case.
The ongoing lawsuit, now named Antonyuk v. Nigrelli, will be heard by a three judge panel with the Second Circuit Court of Appeals.
The case has been listed as an expedited appeal, according to court documents.
St. Lawrence County Attorney Steve Button has been acting “of counsel” on the case since the fall of 2022 after county legislators approved his participation.
According to Button, all provisions of the CCIA remain in effect after the Second Circuit issued a stay order on Judge Glenn T. Suddaby’s injunction against many provisions of the law in Nov. 2022.
Passed in direct opposition to the U.S. Supreme Court overturning a 109-year-old concealed carry law, state officials say the CCIA was written to comply with the high court’s decision while ensuring public safety.
Gun rights advocates argue the CCIA is a gross overstep that only seeks to punish lawful gun owners and has done nothing to prevent criminals from obtaining and using firearms in violent crimes.
Provisions being contested in the case include a “good moral character” requirement that gun rights groups say provides too much discretion for a licensing officer to decide what constitutes good moral character.
Plaintiffs are also seeking the removal of many background disclosure requirements like the contact information and disclosure of co-habitants, number of firearms in the home along with all information about said firearms and the disclosure of social media profiles during the background process.
Another hotly contested topic is the list of “sensitive spaces,” a list of over 20 location types that are now gun free zones with the passing of the CCIA. Locations listed range from schools to healthcare facilities, government buildings, parks and Times Square.
Officials have continued to seek clarification regarding the listing of parks, with some arguing it is too vague and does not allow firearm owners to have firearms in places such as the Adirondack Park.
Governor Hochul issued a statement last fall attempting to clarify that parks like the Adirondack Park are legal to carry in, however advocates argue the language of the law remains too vague and requires an amendment.
If the Second Circuit rules to uphold the CCIA, gun rights groups say they will appeal directly to the Supreme Court again just as they did with the Bruen case.