Christian v. Chiumento - FPC Law 2A Challenge to New York Public Carry Bans

Summary: Federal lawsuit challenging public carry bans in New York as unconstitutional under the Second Amendment.

Plaintiffs: Brett Christian, Firearms Policy Coalition, and Second Amendment Foundation

Defendants: Acting New York State Police Superintendent Dominick Chiumento and Erie County District Attorney John Flynn

Litigation Counsel: David Thompson, Peter Patterson, and Nicolas Rotsko

Docket: W.D. NY case no. 1:22-cv-00695, Second Circuit case no. 22-2987 | CourtListener Docket

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Key Events & Filings:

Court of Appeals

2023-12-8: Opinion
2023-7-24: 28(j) Letter
2023-7-18: 28(j) Letter
2023-5-5: 28(j) Letter
2023-3-15: Reply Brief for Appellant
2023-3-6: Brief of Plaintiffs-Appellees
2023-1-23: Brief for Appellant
2022-12-13: Order Expediting Appeal
2022-12-12: Order Granting a Stay
2022-12-8: Plaintiffs-Appellees’ Response to Defendant-appellant’s Motion for a Stay Pending Appeal
2022-11-28: Motion for a Stay Pending Appeal

District Court

2024-3-1: Plaintiffs’ Motion for Summary Judgment
2022-12-21: TEXT ORDER. The portions of Plaintiffs' Motion for Preliminary Injunction (Dkt. 19) addressing provisions of the Concealed Carry Improvement Act pertaining to public parks and public transportation remain outstanding before this Court. See Dkt. 49. In light of the handling of those provisions by Judge Suddaby in his November 7, 2022, Decision and Preliminary Injunction in Antonyuk v. Hochul, No. 22-CV-986, 2022 WL 16744700 (N.D.N.Y. Nov. 7, 2022), and the Second Circuit's stay thereof pending appeal entered on November 15, 2022, this Court hereby STAYS the resolution of those portions of Plaintiffs' Motion for Preliminary Injunction (Dkt. 19), in the interests of judicial economy, pending resolution of the appeal in Antonyuk as to these issues. See McCracken v. Verisma Sys., Inc., No. 6:14-CV-06248, 2018 WL 4233703, at *2 (W.D.N.Y. Sept. 6, 2018) ("It is within the sound discretion of a district court to enter a stay pending the outcome of independent proceedings that are likely to affect a case on its calendar") (citations omitted). The parties shall file a status report every 60 days until this Court lifts the stay imposed herein. The first status report is due February 21, 2023. If the parties believe this Court's stay should be expanded to encompass all aspects of this case (except this Court's Preliminary Injunction as to the private property provision, currently on appeal to the Second Circuit), the parties may submit letter motions on that issue. SO ORDERED.
2022-12-2: State’s Supplemental Briefing in Opposition to Plaintiff’s Motion for a Preliminary Injunction
2022-12-2: Plaintiffs’ Supplemental Memorandum in Support of Their Motion for a Preliminary Injunction
2022-11-23: Notice of Appeal
2022-11-22: Decision and Order (Preliminary Injunction)
2022-11-21: State’s Sur-Reply in Opposition to Plaintiff’s Motion for a Preliminary Injunction
2022-11-18: Plaintiffs’ Reply in Support of Their Motion for a Preliminary Injunction
2022-11-4: State’s Opposition to Plaintiff’s Motion for a Preliminary Injunction
2022-10-18: Affidavit in Response to Plaintiff's Motion for a Preliminary Injunction/Temporary Restraining Order
2022-10-7: Status Report
2022-9-29: Answer With Jury Trial Demand
2022-9-28: Plaintiffs’ Motion for a Preliminary Injunction
2022-9-28: Plaintiff John Boron’s Notice of Voluntary Dismissal
2022-9-13: Complaint

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