If you’ve been following what’s happening, in the courts, as respects 2nd Amendment legislation, in NYS, you can’t help but be confused. Several federal courts have issued very pro-2A decisions, only to have them placed on hold, by the 2nd Circuit Court.
Now, that the 2nd Circuit Court has placed every one of those federal courts’ decisions on hold, without explanation, Gun Owners of America (GOA) has moved to have the US Supreme Court (SCOTUS), review those apparently arbitrary holds. GOA was the driving force, behind the Antonyuk suit, which resulted in essentially dismantling NY’s clearly unconstitutional Concealed Carry Improvement Act (CCIA). The appeal was assigned to Justice Sotomayor, a notoriously anti-2A justice but she is bound, as a SCOTUS Justice, by the prior SCOTUS’ decisions, in Heller 1, Heller 2, McDonald and, most recently, Bruen.
She gave NYS a very short time, in which to make its case for not overruling the 2nd Circuit Court’s holds. NYS presented its case, on January 3rd, after which GOA replied, with its response to NY’s presentation.
On January 11th, the SCOTUS issued a ruling, on the appeal of the stay of execution and, in doing so, declined to overrule the 2nd Circuit Court’s stay.
On the surface, that might appear to be an anti-2A ruling. In fact, I see it as the exact opposite. SCOTUS wants it to go through the legal system so that, when it gets back to SCOTUS, they can destroy the CCIA, plus the anti-2A groups and anti-2A thinking processes, completely. By then, all of the arguments, which the anti crowd can dream up, will have been made and SCOTUS will have an unfettered hand, to apply the Bruen decision, plus its thoughts on the actions of NYS, in trying to get around the Bruen decision.
You should read, very carefully, the first 3 sentences, in paragraph 3 of their ruling. They read as follows: “The New York law, at issue, in this application, presents novel and serious questions, under both the First and the Second Amendments. The District Court found, in a thorough opinion, that the applicants were likely to succeed, on a number of their claims and it issued a preliminary injunction, as to twelve provisions of the challenged law. With one exception, the Second Circuit issued a stay of the injunction, in full and, in doing so, did not provide any explanation for its ruling.” (Emphasis added)
NYS, in its arrogance, is doing, for us, what we could never have accomplished, on our own, by totally disrespecting the SCOTUS and, in the process, committing legal suicide. We could not have made a better case than NYS is making, against itself and the anti-2A concept. NYS and any other jurisdiction, attempting to circumvent the Bruen decision, will pay for it, in spades, with the new Antonyuk decision. I expect the SCOTUS' ruling, in Antonyuk, to make the Bruen decision look like a footnote to a mild slap.