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Reason
Reason
David Kopel

Preliminary injunction against New York bans on licensed carry

Today U.S. District Judge Glenn T. Suddaby issued a preliminary injunction against many portions of New York's recently enacted "Concealed Carry Improvement Act." The act had been passed shortly after the U.S. Supreme Court's decision in New York State Rifle & Pistol Association v. Bruen, which upheld the Second Amendment right to "bear arms."

Today's 184-page preliminary injunction opinion in Antonyuk v. Hochul is the latest step in a challenge by Gun Owners of America, represented by Stephen Stamboulieh and Robert J. Olson. The case was filed shortly after the anti-carry statute was enacted. Shortly before the act's September 1 effective date, Judge Suddaby ruled that none of the plaintiffs had pleaded sufficient specific facts to create standing. After an amended complaint was filed, the Judge granted a temporary restraining order on October 6, which was stayed by a Second Circuit panel.

In Part IV.B of the opinion, "Substantial Likelihood of Success on the Merits," there are three major sections:

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