New York federal judge John Sinatra Tuesday issued a preliminary injunction in Christian v. Nigrellixi blocking New York’s enforcement of the “private property exclusion” within NY penal law section 265.01-d. Judge Sinatra found the ban unconstitutional because it violates the US Constitution’s Fourteenth Amendment regarding citizens’ right to “keep and bear arms,” as guaranteed in the US Constitution’s Second Amendent.
Individuals John Boron and Brett Christian, the Firearms Policy Coalition, Inc. and the Second Amendment Foundation filed the Complaint in September 2022 against Kevin Bruen and Erie County District Attorney John Flynn in their official capacities as state officials. On Wednesday, Superintendent of the New York State Police Steven Nigrelli, who was also sued in his official capacity, filed a notice of appeal regarding the court’s decision.
In response to the ruling, the Second Amendment Foundation founder and Executive Vice President Alan Gottlieb stated, “New York’s efforts to dance around the Supreme Court’s Bruen decision have become a painful exercise in legal acrobatics, which it seems obvious the courts can see through.” SAF’s Executive Director Adam Kraut stated that “[h]aving New York’s unconstitutionally sound law enjoined is a win for the public.”
The ruling comes just days after a deadly shooting at an LGBTQ+ nightclub in Colorado. Additionally, the US Supreme Court denied a petition to hear McCutchen v. United States last week in which McCutchen challenged the federal ban on gun bump stocks.