NEW YORK — New York City Mayor Eric Adams and New York City Corporation Attorney Sylvia O. Hinds-Radix took action Wednesday to protect New Yorkers from gun violence.
The New York City Department of Justice has filed two amicus briefs with the US Court of Appeals for the Second Circuit in support of New York State’s legal fight against gun violence in two cases: Antonyuk v. Hochul y National Shooting Sports Foundation, Inc. v. James (NSSF v. James) — who seek to override common sense gun laws that protect the public.
An amicus brief, in the case Antonyuk v. Hochuladvocates for the reversal of a court ruling that blocks provisions of the Concealed Carry Improvement Act (CCIA) that prohibit guns in sensitive locations and establishes new gun license requirements for concealed carry permits.
A separate amicus brief, in the case NSSF v. Jamesargues for a lower court ruling upholding a state “nuisance” statute, which was used by New York City to prevent retailers from illegally selling ghost guns and the kits used to make them to residents of the city.
“Unfortunately, gun violence is something that we have all seen and felt all too often in New York City and across our state,” Mayor Adams said. “The Concealed Carry Improvement Act and state nuisance statutes are critical to damming the rivers that feed the sea of gun violence and keeping us all safe. Under our administration, we have already been able to stop the sale and delivery of illegal ghost guns to our city from five online retailers, and the New York City Police Department continues to remove illegal guns from our streets every day. We are proud to stand with Attorney General James and the state in fighting gun violence and ensuring our streets are free of gun violence.”
The CCIA was enacted following a US Supreme Court ruling last year in New York State Rifle & Pistol Association Inc. v. The bridge, which ruled that a state law requiring adequate cause to carry a concealed weapon in New York State was unconstitutional. The plaintiffs obtained a court ruling that blocked certain parts of the CCIA’s “sensitive location” restrictions and licensing requirements, which the Second Circuit has suspended pending appeal by New York Attorney General Letitia James.
In the amicus brief of Antonyuk v. HochulNew York City upholds the appeal filed by Attorney General James, arguing that the district court erred in its ruling because it ignored a long tradition of local firearms regulations that has existed since the founding of the state.
The brief argues that these regulations provide strong evidence that the original public understanding of the right to bear arms tolerated appropriate limitations on certain sensitive locations, similar to the sensitive locations provisions in the CCIA. The report also argues that the CCIA’s good moral character license standard, and the corresponding required disclosures of license applicants, were fully consistent with the recent Supreme Court ruling in The bridge because they work to ensure that only law-abiding citizens are allowed to carry firearms.
In the amicus brief of the NSSF v. Jamesthe largest cities in the state (New York City, Buffalo, Rochester and Syracuse) join forces to support all of New York in its defense of a state law that allows cities and individuals to sue a member of the gun industry for illegal or unreasonable business practices that cause harm in the state.
Last year, New York City sued five online ghost gun retailers under this “nuisance law” to prevent the companies from illegally selling these guns and the kits to make them to New Yorkers. To date, New York City has negotiated settlements with four companies and obtained a preliminary injunction against the fifth to stop the illegal sale of these ghost weapons and equipment.
The amicus brief supports Attorney General James, who is defending the law in a challenge brought by the gun industry, arguing that a lower court was correct in holding that the statute is consistent with federal and constitutional law.
The report states that, on average, in New York State, 870 people are killed and thousands more injured each year by gun violence, and the law helps cities identify sources of illegal firearms. Improving even a single gun dealer’s sales practices can materially reduce the availability of illegal guns throughout an entire community, according to the amicus.
“As New Yorkers grapple with gun violence, armed groups are trying to end a reasonable measure that bans guns in sensitive locations and establishes sensible requirements for applying for a concealed-carry license, regulations on a The guy who has a long history in the state and across the country,” said the attorney for the Hinds-Radix corporation. “The gun industry is also attempting to eliminate common-sense gun laws that are a critical part of the solution, by removing a law from the books that the city used to stop retailers from illegally shipping deadly ghost guns into the city. . The City of New York stands with the Attorney General in defending against misguided efforts by the gun industry that threaten the health and safety of our communities.”
According to the mayor’s office, the NYPD removed more than 7,100 illegal weapons from the streets of New York City during Mayor Adams’ first year in office. Additionally, thanks to the efforts of the NYPD, shootings over the course of 2022 were down by more than 17 percent compared to 2021, meaning hundreds fewer people were shot over the course of the year. Additionally, there were more than 4,600 gun arrests in 2022, a 27-year high.
