The Supreme Court's decision to strike down New York's gun law last year has been hailed by Second Amendment advocates as a landmark decision and a fundamental new test of firearms law. In Part One of this series, Starting Pistol, the Washington Examiner investigated how the ruling in New York State Rifle & Pistol Association v. Bruen opened the floodgates to successful legal challenges.
"If you're doing analogical reasoning to history, what are the principles in history that would support these modern designations? The court doesn't really go into that at all other than to say, generally, you can't designate something like an entire urban area or entire downtown area as a sensitive place, but [the justices] don't provide any further guidance," Willinger said.
Tom King, executive director of the New York State Rifle & Pistol Association, the plaintiff in the landmark case, told the Washington Examiner he believes the New York's CCIA law is a"reiteration of the laws the Bruen decision made unconstitutional."In Bruen, the 6-3 majority opinion authored by Justice Clarence Thomas held that New York's characterization"of its proper-cause requirement as a 'sensitive-place' law lacks merit.
Now, a three-judge panel in the U.S. Court of Appeals for the 2nd Circuit is weighing whether the CCIA is constitutional, teeing up a major test for the Second Amendment post-Bruen. The appeals court heard arguments in four related cases concerning the CCIA in March, and legal experts told the Washington Examiner a decision in the case could come soon.
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