BY JEFF CHUDZINSKI
North Country This Week

CANTON -- A federal court in Maryland has struck down the state's concealed carry laws mirroring those in New York's Concealed Carry Improvement Act (CCIA), opening the door for gun rights groups to move to do the same in New York.

In the case of Maryland, the Fourth Circuit Court of Appeals ruled that the "good moral character" clause that requires an individual applying for a concealed carry license is unconstitutionally restrictive.

Also struck was the requirement to submit fingerprints for background checks and the requirement to take a firearm safety course prior to being issued a concealed carry license.

The 2-1 ruling comes in light of the U.S. Supreme Court's ruling in NYSRPA v. Bruen last year, which has changed the landscape surrounding legal arguments for and against the Second Amendment and laws pertaining to firearm ownership.

With the Bruen ruling in 2022, Supreme Court justices say any law being scrutinized must fall in line with "historical tradition of firearm regulation."

With the highest federal court in Maryland striking those laws, lawyers representing plaintiffs in Antonym v. Hochul in New York are eager to use the new "historical tradition" requirement and ruling from the Fourth Circuit to overturn the CCIA.

In the Antonyk lawsuit, plaintiffs are challenging the state's requirements to demonstrate "good moral character," the list of prohibited spaces where firearms are not allowed, as well as training requirements to obtain a license to carry and other various provisions from the CCIA.

St. Lawrence County Attorney Steve Button is working "of counsel" on the case after receiving approval from the St. Lawrence County legislature to do so in Oct. 2022.

According to Button, attorneys in the Antonyuk case have filed a 28(j) filing to update the Second Circuit Court of Appeals in New York of the ruling in Maryland and how it directly influences the Antonyuk case.

A 28(j) is a filing used when one party involved in a lawsuit learns of pertinent and significant information from another ruling that may have a bearing on the case in question and has occurred after briefings were filed or arguments have been made but prior to a decision has been issued by the court.

Button said given the nature of the laws and the restrictions put in place, laws passed last year by the legislature in New York and Governor Hochul will likely face a similar fate given the ruling in Maryland.

The Antonyk case has been in the works for over a year now, with the Second Circuit first hearing arguments last November. Justices also granted the case an expedited status, meaning there was clear intention to move the case along.

Despite that status, Button said the court has been slow to issue a ruling. Final arguments were heard earlier this year in March, with both parties left in the lurch as justices continue to wait to issue a ruling on the case.

A decision was expected to be made in September, however five 28(j) letters and multiple motions have been filed since Oct. 12, further delaying a ruling.

It is unclear at this time what action, if any, will be taken by the court but Button said attorneys will continue to weigh their options and will move forward at the appropriate time with their next action.