Summary: Federal lawsuit challenging "sensitive location" carry bans in New York as unconstitutional under the Second Amendment.
Plaintiffs: Brett Christian, Firearms Policy Coalition, and Second Amendment Foundation
Defendants: New York State Police Superintendent Steven Nigrelli and Erie County District Attorney John Flynn
Litigation Counsel: David Thompson, Peter Patterson, John Tienken, 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
- 2023-5-5: 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
- 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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