And they said they have to go all the way back to when the Second Amendment was ratified and adopted. Well, here we go with this case. It’s a good one. It’s Christian versus James. It used to be Negreli. But before I get into this, I want to thank the It’s customizable to your budget so you can buy as little as a few dollars a month and let it grow up over time or buy a whole bunch all at once so you have it when you need it. It’s an effective way to possibly not have to worry about ammo shortages ever again.

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And I’m going to show you a couple things. First, if you’re not familiar with this case, I’m going to give you a quick rundown of what the judge says to get you, you know, up to speed of what’s going, what the problem is. New York wanted to make everything a sensitive place, thus banning concealed carry pretty much anywhere in the state, and that was the core of this lawsuit. Here is page one of this decision, like I said, came out yesterday, and a quick background. It says, plaintiff Britt Christian commenced this action on September 2022 joined by institutional plaintiff’s firearms policy coalition, Inc.

and Second Amendment Foundation. Plaintiffs sue the defendants, Stephen James and Michael J. Keene, collectively the state or defendants in their official capacities, namely as a superintendent of the New York State Police Department and the Erie County District Attorney, respectively. Says plaintiffs challenged three provisions of New York’s concealed carry improvement act, a 2022 enactment that adds to the New York penal law various restrictions on concealed carry of firearms. Christian, who is licensed under New York law to carry a concealed firearm, desires to carry his firearm for self-defense purposes when going about his day-to-day life, but because of the new restrictions he has prevented from doing so.

In particular, the law prevents Christian from carrying for self-defense in local parks or when hiking on trails, and while using public transportation such as the NFTA metro rail. Christian is also unable to carry his firearm on his person throughout the state because the state’s designation of private property. He claims that the state’s designation of private property, including private property which is open to the public, as a restricted location effectively prevents Christian from going about his daily life while lawfully carrying his firearm for purposes of self-defense. So basically, he wants to carry to defend his life against all we know that New York encompasses.

Every state encompasses it, but New York has a a lot more of it in some places, and listen to what the judge says. First, he opens up by going into Heller and McDonald and what those cases said and Bruin and even to Rahimi. We’ll go over New York’s criminal enactment barring carrying of firearms on private property open to the public violates the constitution. Christian is an ordinary law-abiding citizen to whom the Second Amendment applies, as it did for the petitioners in Bruin. The Second Amendment’s plain text thus presumptively guarantees Christian’s right to bear arms for self-defense on private property outside of his own home.

We agree with the district court in Antonyuk that to the extent the restricted location provision applies to private property open to the public, the regulated conduct falls within the Second Amendment right to carry firearms and self-defense outside the home. To justify his regulation, therefore, the state must demonstrate that the regulation is consistent with this nation’s historical tradition of firearm regulation. Only then may the court conclude that the individual’s conduct falls outside the Second Amendment. The state maintains that there is extensive historical support spanning the colonial era to reconstruction and beyond that forbade carrying guns onto other’s property without their permission.

But the state fails on this historical record to demonstrate that the challenge restriction is consistent with a well-established and representative national tradition. One of the states banned the killing of birds and partridges throughout the city of Philadelphia and obviously didn’t cut the mustard in the judge’s eyes. Now while they did submit a whole bunch more, I’ll have a link to this case down below if you want to read them all, but this is what you need to know about what the judge said. The state has not established that its sweeping prohibition on carriage on private property open to the public as part of the historical tradition that delimits the outer bounds of the right to keep and bear arms.

New York’s current statute addresses a societal problem that has persisted since the founding, namely interpersonal firearm violence. But the state fails to identify a single, relevantly analogous law addressing that problem. Instead, the state proffers a collection of enactments aimed at regulating hunting, poaching, and trespassing essentially in relation to the proffered analogues were framed on different why concerns and certainly had no how methodologies that remotely resemble the state’s expansive private property inversion challenged here. Indeed, to the extent that the problem of such interpersonal violence was historically addressed in the law, it was done throughout other means such as surety laws and other laws discussed in Governor Bruin and Rahimi, and such laws imposed a far less onerous burden than the state’s current restriction.

In some, much of the land in New York is held privately, and much of that is open to the public. It encompasses various businesses, hotels, parking lots, garages, grocery stores, pharmacies, medical offices, hospitals, cemeteries, malls, sports and entertainment venues, and so on. These are places that people exercising their rights frequent every day when they move around outside their homes. Confrontation for self-defense is certainly possible in those places. The state’s restriction functionally creates a universal default presumption against carrying firearms in public places, seriously burdening lawful gun owners’ Second Amendment rights, and that burden is entirely out of step with that imposed by the proffered analogues.

The Constitution requires that individuals be permitted to use handguns for the core lawful purpose of self-defense, and it protects the right outside the home. Nothing in the nation’s history or traditions closes the door on that right across all private property open to the public. New York’s exclusion therefore violates the general right to publicly carry arms for self-defense. This is one of the policy choices taken off the table by the Second Amendment. For the reasons addressed above, New York’s restriction violates the 14th Amendment by preventing law-abiding citizens with ordinary self-defense needs from exercising their right to keep and bear arms.

plaintiff’s request to enjoin enforcement of the private property restriction as to private property open to the public is granted. Here’s another dig to New York, the stay pending appeal. The state requests a 14-day stay pending appeal. That request is denied. The factors relevant to granting a stay pending appeal are the applicant’s strong showing that he is likely to succeed on the merits. Irreparable injury to the applicant in the absence of a substantial injury to the non-moving party if a stay is issued and the public interest. The first two factors are the most critical, but a stay is not a matter of right.

Even if irreparable injury might otherwise result, it is an exercise of judicial discretion, and the party requesting a stay bears the burden of showing that the circumstances justify an exercise of that discretion. Here, a stay pending appeal is not warranted. As discussed above, the plaintiff’s constitutional rights are violated absent an injunction. The state has not established irreparable injury in the absence of a stay. The preliminary injunction has been in place since November 22, 2022. The balance of hardships and public interest weigh in favor of the plaintiffs, also as discussed above.

Finally, it is plaintiffs who have demonstrated success on the merits. And that was Judge Sinatra up in Buffalo, New York State District Judge. Solid ruling. Solid ruling thanks to SAF or SAF and FPC for continuing to push this along. And it’s another jab to the case of Cruella de Vil, also called the Governor of New York. And she is, not only is Kathy Hochul a terrible person when it comes to the individual civil liberties, on the heels, this came out yesterday, and the day before yesterday, she made a big ole to do with Gabby Giffords and celebrating how their numbers of violent crimes and murders have dropped.

She didn’t tell everybody why the stats dropped, because NYPD didn’t submit their numbers this year. But she signed six more bills. And in that conference, she said that New York has banned concealed carry in sensitive places. And she personally said, I think all places are sensitive places, and they should be banned everywhere. So she’s pushing towards banning everything. And part of her monologue of talking about, you know, so far, they’ve been, you know, changed the law since Bruin, and they’ve been okay, thus far, she even said, well, here’s Judge Sinatra punched her in the mouth.

And they lost this one again. So there’s a whole bunch of cases fighting New York’s post Bruin changes in which Kathy Hochul decided she was the queen and could just make her own rules and laws and take away constitutional rights. And she’s losing and it’s great to see support those who support you support staff support, FPC support, goa support, whoever you want. But there’s links to the three I just mentioned down below. And it’s another win a good one, a great one. And they’re coming in bunches. Now with the Supreme Court just heard the frames and receiver van der Stadt case.

Things are getting dicey. If you are a gun controller, because it’s all starting to fall apart, which is great. See you on the next one. If you want to stay up to date on all of these ever changing laws and the challenges in court and new legislation, I’ll bring it to you. All you got to do is subscribe to the channel right down below that little button, the red one. So subscribe, it’s free, doesn’t cost you anything. And I’ll bring you news every single day. Thank you so much. If you still would like to donate to the the movement of helping the folks here in Appalachia get the supplies they need, it is dropped to the 30s at night.

So now they have a different need as far as clothing and stuff like that. There’s ways to donate either to myself, my PayPal, or to grindstone ministries with boots on the ground as well as their Amazon wish list. So they tell you what they want, what they need desperately at that moment, and you can just ship it. Yes, they don’t like giving money to Bezos, but it’s a way to get stuff in right now because the deliveries are going through. And I thank you for helping Americans in need is what it’s about Americans helping Americans because the feds have turned their back.

I’ll see you in the next one. Take care. [tr:trw].

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