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Justice Sonia Sotomayor denied a request from a gun store owner couple to overturn New York’s background check law for ammunition purchases one day before it went into effect. In response, Governor Kathy Hochul (D-NY) signed the Empire State Concealed Carry Improvement Act, following Justice Clarence Thomas’s 6-3 decision to overturn the state’s century-old restrictive gun permit system.

Sotomayor issued an order without comment denying the request for a stay of several provisions of the act.

Nadine and Seth Gazzola, a husband and wife team, filed a lawsuit arguing that the provisions of the CCIA would put them out of business unless the Supreme Court intervened.

This included requiring clients to pay for background checks on private gun sales. Nine additional plaintiffs who own gun stores were also named in the lawsuit.

The new initiative will be overseen by the New York State Police Department and funded by fees of $2.50 for ammunition purchases and $9 for gun sales, as reported by The Washington Examiner.

On September 1, certain provisions of the law went into effect, such as the requirement for dealers to keep physical or electronic records of gun purchases and sales documents.

Regulations existed prior to last year’s High Court decision. After being denied injunctive relief on January 18, this marked the second rejection from the high court for the Gazzola family.

Both a federal trial judge and a federal appeals court had previously refused to block these provisions before they sought relief from the Supreme Court. Justice Sotomayor presides over cases from the U.S. Court of Appeals for the 2nd Circuit.

In their petition for a writ of injunction, the lawyer representing the gun shop owners stated that the 2nd Circuit had yet to take any action on five lawsuits that were consolidated for oral arguments on March 20.

They drew attention to the fact that no decision had been made in response to an emergency motion submitted by the couple on August 29.

Thomas and Alito’s recommendation was issued on January 11, suggesting that plaintiffs reapply for relief at the Supreme Court if appropriate action from the 2nd Circuit is not taken within a reasonable timeframe regarding stays imposed on various lower court orders invalidating parts of CCIA.

Earlier this year, the U.S. Supreme Court declined to issue an injunction against the state of New York’s updated concealed carry law which prohibits the carrying of firearms in “sensitive locations” while lower court proceedings continue.

This ruling followed their 6-3 decision in the summer that an earlier concealed carry statute had violated citizens’ Second Amendment rights.

“No justices dissented in the ruling, but Justices Samuel Alito and Clarence Thomas said in a statement that they believed the ruling was to ‘reflect respect’ for the appeals court that had previously let the law stay in effect, and did not ‘[express] any view on the merits of the case,’” Forbes noted in a summary of the ruling.

“Gun owners asked the Supreme Court to block the law after a district court judge previously blocked it from staying in effect, but the Second Circuit Court of Appeals then overruled that decision and let the law stand as the litigation against it moved forward,” the report noted further.

After the United States Supreme Court struck down a prior concealed carry law in June which required applicants to demonstrate “proper cause” to possess a gun, a new law was swiftly passed. This legislation provides requirements for obtaining a concealed carry license, as well as enacting certain guidelines and regulations concerning when firearms may be carried in public.

Firearms are not permitted in or near schools, churches, and hospitals-referred to as “sensitive” locations.

The legal implications of this New York law will now be examined by lower courts; however, it is likely that the U.S. Supreme Court will have to decide the merits of this case once again due to the opinion expressed by Justices Thomas and Alito indicating that Wednesday’s ruling does not address all aspects of this case.

In June, the Supreme Court issued a landmark decision in favor of the Second Amendment when it ruled 6-3 that New York’s concealed carry law was unconstitutional due to its restrictive nature.

Experts have indicated that this ruling is likely to result in successful challenges against other similarly prohibitive concealed carry laws found predominantly in blue states.

“This decision is a big deal,” FiveThirtyEight noted in the wake of the ruling. “Previously, the court had only said that the Constitution protected the ability to have a gun inside the home for self-defense. In that decision, which came down in 2008, the justices didn’t rule on how guns carried outside the home could be regulated. It took almost 15 years for the justices to come back to that question, but now they have.”

The Second Amendment “protect[s] an individual’s right to carry a handgun for self-defense outside the home,” wrote Justice Clarence Thomas in the majority opinion for Thursday’s ruling. As such, FiveThirtyEight continued, statues like the one in New York, “which required people who wanted a license to carry a concealed handgun in public to show they have a good reason, are no longer allowed.”

ICYMI: Temporary Restraining Order Issued Against NM Gov’s Concealed Carry Ban

Doug Goldsmith

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60 comments

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  • Sue them!!!! They are there to uphold the consttution andif they don’t do the job make them pay out of their own bank account!!

  • All IS being REVEALED! The Whole Global Cabal, demoncRATs and RINOS, ALL SATAN’S DEMON SPAWN MINIONS DESERVE DIRT NAPS. NCSWIC, WWG1WGA, P.A.N.I.C. LGB,FJB. President Trump’s still my President. I’m not a BOT nor a Spammer. I’m a American Veteran, Trucker and GreatGrandpa. Yahweh save our poor souls Amen.

      • The millionaires, billionaires, gates, obama, bloomberg, buffet, soros, and many others, like the rockfellers, they are the ones pushing one world order garbage buying up farm land so they will control food gates is a proven Murder he needs to be deported sent to Africa and India where he killed thousands of people with his vaccines he used them as experimental rats, and if you check the rest they are probably killers to

      • No one. They are truly free thinkers and that includes the progressive liberal morons on the court. The entire national environment has changed ever since they started giving children awards for participating rather than excelling.

  • Interesting, now since Firearms are not permitted in or near schools, churches, and hospitals-referred to as “sensitive” locations what would happen if they are placed in residential areas? a person may not be able to leave home with a weapon, What would classify as a hospital? Maybe a clinic that allows a certain number of patients to have a bed for a certain amount of time. What about a preschool out in a residential area? So if the Muslims purchased homes throughout a residential area and turned them into one of their worship places. No one could leave their house with a weapon except maybe the Muslim men all covered up like a female or they just start having the women carry for them. The trouble with Judges and legislators when they make laws they only think about what they want to accomplish and not all the loopholes that someone can think of. They need to make a law and then give it
    to the nastiest lawyer there is and ask him if he can find any loopholes. Let me give you two loopholes that I saw in my lifetime. Washington State had a law on bigamy that said you were guilty of bigamy if you got married in the State of Washington if you were already married. That is all it said, The loophole was a person that let’s say was someone that came from another country where they could have more than one wife. As long as he did not get married in Washington State he could live there with his wives. Another loophole, A friend of mine was cited for having a tonage sign that could not be read because it was not long enough to put the words on it to be read. When in court he showed the judge that the law stated that the tonnage sign only had to be a certain height and there was no mention of length or having to be readable. The Judge laughed and said smart boy and dismissed the case.

    • Note how words are not defined in these laws. “Sensitive Area”. Does that mean the groin area, that sure is sensitive on me. How about “Near” a sensitive area. How near?, 1 foot? 1 city block? 1 mile? 1 thousand miles? Remember elections have consequences, so get to work and WORK to vote these sleaze ball out of office. You get what you vote for and that is why the people in office offer free stuff. Note I did not say give or provide, they just offer and when the ballots are counted, the conveniently forget what they promised and you are stuck with them.

    • How wrong you are. Don’t you know that most mass murderers are conservative, Christian, white, Republican, MAGA, employed, heterosexual males? At least that’s the word from patriotic leftists.

      (Sarcasm folks)

  • That’s funny, Fuhrer Hochul, because the criminals don’t really care about how many stupid laws you pass or how restrictive they are. Apparently, your New York governor likes painting targets on the backs of law-abiding citizens.

    • Patriot that’s because the Ayatollah Hooch of the New York Empire fears the legally armed citizens, she and the rest of the politicians could care less about the actual criminals they all know they don’t follow the law but it’s all the legal gun owners that keep them from total tyranny, they know there are more legal gun owners and guns than they have. That’s the exact purpose of the 2nd amendment and the politicians hate it!

    • How about the West Virginia v. EPA, Kennedy v. Bremerton School District, Carson v. Makin, and New York Rifle and Pistol Association v. Bruen SCOTUS Decisions?

  • Why does the Democrat politicians ignore established laws when they are in office. They took an oath to protect the Constitution too so remove them from office when they break their oath and the law. Biden is an evil man!

  • One way or another, the Communist Democrats are going to destroy the 2nd Amendment and arrest all law abiding Americans of their rights and allow the Illegals such as the MS13 gangs and Muslims to carry and kill Americans.
    What’s going to happen when the Illegals take over and vote their own people into office and the Communist Democrats and Rinos will no longer get into Office.
    Think about it, are We The People going to just sit back and do nothing without a fight.?
    It’s time to open our eyes and see that the Communist Democrats are doing, giving our Country away.

  • Ok time to shut down this court this is Infringement of the Constitution that is illegal completely unconstitutional government has no right at all, and this court knows we should not have to register, license, guns, or ammunition it is Infringement of the second amendment and the court knows this

  • NY needs money . And they see adding cost to ammo and making people pay for background checks as a cash cow and way to both infringe and regulate rights . And of course Injustice Sotomayor will help them do it any way she can . Because to her the constitution is a suggestion. And she will determine what rights you have as well as what is an infringement and what isn’t.

  • Ammo permits are unconstitutional as is restrictions on guns. The second amendment is clear “SHALL NOT BE INFRINGED’. Yet all the government does is infringe on our rights. FTGov.

    • WHY is that so?

      Well, Justice Joseph Story, appointed by Pres. Madison, said the right of individuals to own and bear arms was the PALLADIUM of rights. That was so the other 9 Amendments could be defended against tyranny.

      Benjamin Franklin said those who’d trade essential liberties for temporary security deserved neither liberty nor security.

      Thanks.

  • It looks like they have no problem weakening the 2nd amendment and they have no problem carving around the edges of the 1st amendment, I wonder if they would have a problem doing the same with the 13th or the 24th amendments.

  • We, the people, need guns to protect ourselves. When guns are outlawed, only outlaws will have guns. Watch the full length you tube “Innocents Betrayed” to see what happens to the citzens of a country who allow their government to disarm them.

    • Quite correct. Justice Joseph Story, appointed by Pres. Madison, said the right of individuals to own and bear arms was the PALLADIUM of rights. That was so the other 9 Amendments could be defended against tyranny.

  • All these judges and Constitution stomping democrat state politicians should be going to prison for violating our Constitution and the rules set down by the Supreme Court. This is one of the duties of our Sheriffs, they have the power to arrest and hold accountable those in state government that violate our laws especially those who violate our Constitution.

  • This country became great because people who followed their dream , the Wright brothers, Ford , Carnegie, Tesla . There was no government involvement to stop them , no permit required. That’s y we became great , not because of government. Now government has to sanction everything & everyone. Government does not work never did never will.

  • camel’s nose under the tent? THIS is how it all starts with the communist. RED states need to SEPARATE from this evil empire called Amerika. Stop funding your abuse. Are you stupid of something?

    • No, maybe we’re loyal enough to fight for the Consitution as written and also smart enough to know what the consequences of secession were.

  • The Supremes were better when they were led by Diana Ross. This bunch are nothing but the losers at an elitist masquerade ball. The entire federal government and many of our state governments as they exist need to be scrapped and realigned into constitutional compliance.

  • I stand for the constitution. I will fight for America and her people. I will never give up to protect the constitution and America. You whinny little babies can give up and bow to communism I won’t. The American people not all have become lazy and brain dead. You vote for traitors who will make you slaves. Joe Biden and Obama need to be charged with treason for arming the enemy and helping Iran attack Israel. The illegals are being let in to take your jobs for slave pay and destroy the American family. Joe is nothing but a puppet for Obama. They are going to try to put Obama’s wife in the White House and you fools will let it happen. Your stupid and unamerican and cowards. Democrats and rinos hate you. They are getting payoffs to take down America. Start suing the banks and Biden for trying to take the American dollar away from you. Grow a set American people your children lives depend on you standing up for America and having a free life or are really that stupid and brain dead?

  • Working so hard to put us in the same position as what is happening now over seas. We have the same armies building up coming from the southern border to land China now owns around our bases. Let disarm the American public

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