The Democrats in New York passed a law to ban guns on private property that is open to the public, but now a court has deemed that ban to be unconstitutional.
In a case titled, Christian v. James., Judge John Leonard Sinatra Jr., of the United States District Court for the Western District of New York has shot down the legislature’s law that banned legal concealed carry on property that the lawmakers loosely defined as “sensitive locations.” But it turned out that these “sensitive locations” were practically every corner of the state, making concealed carry practically illegal any where.
Judge Sinatra, though, claimed that the “sensitive locations” definition was not only too broad, but that any ban at all of this nature violated the right of the people to bear arms.
“The Nation’s historical traditions have not countenanced such a curtailment of the right to keep and bear arms. Indeed, the right to self-defense is equally important—and equally recognized—on then vast swaths of private property open to the public across New York State,” Sinatra wrote in his 45-page opinion.
“The State maintains there is ‘extensive historical support spanning the colonial era to Reconstruction and beyond that forbade carrying guns onto others’ property without their permission,” the judge continued. “But the State fails, on this historical record, to demonstrate that the challenged restriction is ‘consist[ant] with a well-established and representative National tradition.”
The group that brought the case is thrilled with the decision.
“As we’ve said all along, the ‘sensitive place’ carry restrictions imposed by New York post-Bruen are unconstitutional. Hard stop,” SAF Director of Legal Operations Bill Sack said in a statement. “We are thrilled that once again, the courts have agreed, and sent this amoral and unlawful ban packing.”
“We are delighted with Judge Sinatra’s ruling,” added SAF founder and Executive Vice President Alan M. Gottlieb. “Once again, Empire State anti-gunners have been held in check by a judge who understands the Second Amendment is not a second-class right. The State tried to perpetuate its virtual ban on legal carry by prohibiting firearms on all private property open to the public for whatever reason, and the judge correctly said this restriction does not pass constitutional muster.”
It is not yet known if the state intends to appeal the decision.
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