September 16, 2022
By Mark Chesnut
When the U.S. Supreme Court announced its June ruling in New York State Pistol Association v. Bruen that the constitution guarantees the right to bear arms outside the home, some freedom-hating states simply passed new laws that were just as unconstitutional but hadn’t been through the court system yet.
New York was one such state, as anti-gun legislators quickly passed a package of even more restrictive gun laws, making it nearly impossible to carry a firearm just about anywhere.
That didn’t sit well with the Firearms Policy Coalition (FPC), a Second Amendment advocacy group focused on fighting unjust laws in the courts. FPC recently filed a new lawsuit, Boron v. Bruen, in the United States District Court for the Western District of New York challenging the constitutionality of the new “sensitive areas” law on Second Amendment grounds.
“Collectively, New York’s ‘sensitive location’ and ‘restricted location’ designations, and Defendants’ enforcement of them, are a de facto ban on the fundamental, individual right to bear arms in public virtually everywhere,” the complaint states. “Indeed, asked by reporters where New York carry license-holders would be able to legally exercise their rights after enactment of S51001, New York Governor Kathy Hochul could only affirm that New Yorkers have their Second Amendment rights to peaceably carry for self-defense on ‘[p]robably some streets.’”
The plaintiffs also argue that the new carry regulations “go far beyond any constitutionally relevant historical justification” and “make a mockery of the Supreme Court’s holding in Bruen.
“…‘ordinary, law-abiding citizens,’ like and including Plaintiffs, are again prevented from carrying handguns in public for self-defense in almost all corners of the State,” the complaint states.
Bill Sack, FPCs director of legal operations, said in announcing the lawsuit that New York lawmakers can’t be allowed to make new unconstitutional laws anytime their current laws are overturned by the high court.
“New York’s so-called ‘Bruen response bill’ is a hastily assembled wish list of gun control enacted by a legislature whose world view had just been rocked by the Supreme Court,” Sack said. “When single-party majorities enact poorly drafted, ill-conceived and unconstitutional legislation, FPC Law will step up and challenge them in the courts, as we have today in the Western District of New York.”
The new lawsuit is one of four New York lawsuits FPC is currently involved in. The other three challenge New York City’s ban on stun guns/less-lethal weapons (Calce v. NYC), challenge New York City’s carry ban (Greco v. New York City), and intervene to defend federal statutory definition of “firearm” against expansion by anti-rights groups (Everytown v. Fort).
To learn more about the Firearms Policy Coalition and the work they do, click here.
About the Author
Freelance writer and editor Mark Chesnut is the owner/editorial director at Red Setter Communications LLC. An avid hunter, shooter and political observer, he has been covering Second Amendment issues and politics on a near-daily basis for over 20 years.