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Gun Owners of America (GOA) and Gun Owners Foundation (GOF) announce a significant legal victory in the ongoing battle against New York’s restrictive and misnamed “Concealed Carry Improvement Act.” In a Stipulation of Partial Settlement filed in the United States District Court for the Northern District of New York, State Defendants have officially consented to an injunction against the enforcement of N.Y. Penal Law § 400.00(1)(o)(iv).

This now-enjoined provision required applicants for a concealed carry license to submit a list of their former and current social media accounts from the past three years to confirm their “character and conduct.”

Key Takeaways from the Settlement:

• State Defendants have consented to the entry of a permanent injunction against their enforcement of the social media requirement.
• The Superintendent of the New York State Police is now explicitly required to ensure that the PPB-3 license application form does not include language requiring social media information.
• The remainder of the ongoing litigation will continue to target other statutory provisions, including N.Y. Penal Law § 265.01-d and various “sensitive locations” enumerated in N.Y. Penal Law § 265.01-e where the public carry of firearms for self-defense in prohibited, such as public parks, zoos, and places licensed for alcohol consumption.

The lawsuit, Antonyuk v. James, No. 1:22-cv-986-GTS-PJE (N.D.N.Y.), represents a broader, ongoing constitutional challenge to New York’s aggressive and unconstitutional post-Bruen gun control regime. By forcing the state to abandon its invasive social media check, GOA and GOF have secured a crucial win for both the Second Amendment and the privacy rights of New Yorkers.

Erich Pratt, Senior Vice President of Gun Owners of America, issued the following statement: “New York’s ‘Concealed Carry Improvement Act’ is a smokescreen. This law has never been about improving concealed carry for law-abiding citizens but instead is a calculated effort to disarm as many New Yorkers as possible. We will continue fighting this unconstitutional law in court, including New York’s onerous location restrictions.” Read more

The Second Amendment Foundation (SAF) and its partners have filed an amicus brief urging the Supreme Court to grant certiorari in a case challenging New York’s law that undermines the federal Protection of Lawful Commerce in Arms Act (PLCAA).

The case, National Shooting Sports Foundation, Inc v. Letitia James, Attorney General of New York, challenges the continued filing of abusive public nuisance lawsuits against firearms manufacturers and dealers. SAF is joined in the amicus filing by the National Rifle Association of America (NRA) and the Independence Institute.

“British efforts to suppress arms commerce in the years before the Revolutionary War were correctly understood by the Founders as a deliberate attempt to disarm and enslave the American people,” said SAF Director of Legal Research and Education Kostas Moros. “Congress enacted the PLCAA to stop the modern equivalent – coordinated litigation campaigns designed to bankrupt the firearms industry through meritless lawsuits. New York’s law invites precisely the kind of abusive end-run around federal protections that Congress sought to prevent. We urge the Court to grant review and reaffirm PLCAA’s vital safeguards for lawful commerce and Second Amendment rights.”

The Second Circuit’s erroneous ruling threatens to revive the very litigation campaign that Congress enacted PLCAA to halt, potentially devastating the firearms industry and undermining the constitutional rights it supports.

“This case is essential because it defends the firearms industry against efforts to achieve gun control through the courts rather than through the legislative process,” said SAF founder and Executive Vice President Alan M. Gottlieb. “SAF is proud to join the NRA and Independence Institute in urging the Supreme Court to protect the industry that enables Americans to exercise their fundamental right to keep and bear arms.” Read more