No. 23-910

Ivan Antonyuk, et al. v. Steven G. James, In His Official Capacity as Acting Superintendent of New York State Police, et al.

Lower Court: Second Circuit
Docketed: 2024-02-22
Status: GVR
Type: Paid
Amici (6)Relisted (2) Experienced Counsel
Tags: 2nd-amendment bruen-decision civil-rights constitutional-interpretation due-process gun-rights historical-analysis judicial-review original-meaning second-amendment standing temporal-analysis
Key Terms:
SecondAmendment DueProcess
Latest Conference: 2024-07-01 (distributed 2 times)
Question Presented (AI Summary)

Whether the proper historical time period for ascertaining the Second Amendment's original meaning is 1791, rather than 1868

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW Moments after this Court issued N.Y. State Rifle & Pistol Ass’n v. Bruen, 597 U.S. 1 (2022), striking down New York’s discretionary firearms licensing regime, New York politicians decried that decision as “reprehensible,” vowing to resist the “insanity” of “gun culture” that “possessed ... the Supreme Court.” Rather than following this Court’s decision, New York sought to nullify it through a “Concealed Carry Improvement Act” that makes it more difficult to exercise the right to bear arms in public than before Bruen was decided. Relying almost entirely on a few outlier laws from the late 19th century, rather than common practice at the time the Second Amendment was ratified, the Second Circuit affirmed most of New York’s “Bruen response bill,” sanctioning the requirement that carry license applicants demonstrate their “good moral character” to licensing officials despite Bruen’s rejection of discretionary “suitability” determinations. The Second Circuit also endorsed New York’s firearm bans in all manner of nonsensitive public places, rendering carry licenses of almost no value. The questions presented are: 1. Whether the proper historical time period for ascertaining the Second Amendment’s original meaning is 1791, rather than 1868; and 2. Whether “the people” must convince government officials of their “good moral character” before exercising their Second Amendment right to bear arms in public.

Docket Entries

2024-08-05
Judgment Issued.
2024-07-02
Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of <i>United States</i> v. <i>Rahimi</i>, 602 U. S. ___ (2024).
2024-06-28
DISTRIBUTED for Conference of 7/1/2024.
2024-05-21
DISTRIBUTED for Conference of 6/6/2024.
2024-05-15
2024-05-09
Brief of respondents Steven G. James and Matthew J. Doran in opposition filed.
2024-03-25
2024-03-25
2024-03-25
Brief amici curiae of Peace Officers Research Association of California, et al. filed.
2024-03-25
2024-03-25
2024-03-22
Brief amicus curiae of New York State Sheriffs' Association, Inc. filed.
2024-02-27
Motion to extend the time to file a response is granted and the time is extended to and including May 9, 2024, for all respondents.
2024-02-26
Motion to extend the time to file a response from March 25, 2024 to May 9, 2024, submitted to The Clerk.
2024-02-20

Attorneys

Foundation for Moral Law
John Allen EidsmoeFoundation for Moral Law, Amicus
John Allen EidsmoeFoundation for Moral Law, Amicus
Ivan Antonyuk, et al.
Robert Jeffrey OlsonWilliam J. Olson P.C., Petitioner
Robert Jeffrey OlsonWilliam J. Olson P.C., Petitioner
Joseph Cecile
Todd Michael LongSenior Corporation Counsel, Respondent
Todd Michael LongSenior Corporation Counsel, Respondent
National Rifle Association of America
Erin Marie ErhardtNational Rifle Assocation of America, Amicus
Erin Marie ErhardtNational Rifle Assocation of America, Amicus
New York State Sheriffs' Association, Inc
Thomas A. Mitchell — Amicus
Thomas A. Mitchell — Amicus
Peach Officers Research Association of California, et al.
David Emilio Mastagni Jr.Mastagni Holstedt, A.P.C., Amicus
David Emilio Mastagni Jr.Mastagni Holstedt, A.P.C., Amicus
Project 21
David Christian TryonThe Buckeye Institute, Amicus
David Christian TryonThe Buckeye Institute, Amicus
Second Amendment Law Center, California Rifle & Pistol Association, Inc., Gun Owners Of California, Federal Firearms Licensees Of Illinois, Second Amendment Defense And Education Coalition, And Operation Blazing Sword-Pink Pistols
C. D. MichelMichel & Associates, P.C., Amicus
C. D. MichelMichel & Associates, P.C., Amicus
Steven G. James and Matthew J. Doran
Barbara Dale UnderwoodSolicitor General, Respondent
Barbara Dale UnderwoodSolicitor General, Respondent