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2024 Supreme(US)(ca2) 31

COURT OF APPEALS FOR THE SECOND CIRCUIT
Antonyuk – Appellant
Versus
James – Respondent



UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT ____________________

August Term, 2022

Argued: March 20, 2023 Decided: December 8, 2023 Remanded by S. Ct.: June 21, 2024 Decided on Remand: October 24, 2024

Docket Nos. 22-2908(L), 22-2972(Con) ____________________

IVAN ANTONYUK, COREY JOHNSON, ALFRED TERRILLE, JOSEPH MANN, LESLIE LEMAN, LAWRENCE SLOANE,

Plaintiffs-Appellees,

v. STEVEN G. JAMES, in his official capacity as the Superintendent of the New York State Police, MATTHEW J. DORAN, in his official capacity as the Licensing Official of Onondaga County, JOSEPH CECILE, in his Official Capacity as the Chief of Police of Syracuse,

Defendants-Appellants,

KATHLEEN HOCHUL, in her official capacity as the Governor of the State of New York, WILLIAM FITZPATRICK, in his official capacity as the Onondaga County District Attorney, EUGENE CONWAY, in his official capacity as the Sheriff of Onondaga County, P. DAVID SOARES, in his official capacity as the District Attorney of Albany County, GREGORY OAKES, in his official capacity as the District Attorney of Oswego County, DON HILTON, in his official capacity as the Sheriff of Oswego County, JOSEPH STANZIONE, in his official capacity as the District Attorney of Greene County,

Defendants. ____________________

Before: JACOBS, LYNCH, and LEE, Circuit Judges. ____________________

In this case, originally heard and decided in tandem with three other cases, Plaintiffs raise First and Second Amendment challenges to many provisions of New York’s laws regulating the public carriage of firearms. Below, the U.S. District Court for the Northern District of New York (Suddaby, J.) enjoined enforcement of more than a dozen such provisions. In the three related cases, the U.S. District Court for the Western District of New York (Sinatra, J.) separately enjoined a subset of the laws previously enjoined in Antonyuk, though based on slightly different reasoning. We stayed the various injunctions in all four cases pending appeal, expedited the appeals, and in light of the substantial overlap among the cases, heard argument in tandem on March 20, 2023. On December 8, 2023, in a lengthy and detailed opinion, we AFFIRMED the injunctions in part, VACATED them in part, and REMANDED the cases for further proceedings consistent with that opinion. In summary, we upheld the district courts’ injunctions with respect to N.Y. Penal L. § 400.00(1)(o)(iv) (social media disclosure); N.Y. Penal L. § 265.01-d (restricted locations) as applied to private property held open to the general public; and N.Y. Penal L. § 265.01- e(2)(c) (sensitive locations) as applied to certain plaintiffs in one of the consolidated cases. We vacated the injunctions in all other respects, having concluded either that the district court lacked jurisdiction or that the challenged laws do not violate the Constitution on their face. On June 21, 2024, the Supreme Court decided United States v. Rahimi, 602 U.S. ----, 144 S. Ct. 1889 (2024), upholding the facial constitutionality of 18 U.S.C. § 922(g)(8), which criminalizes the possession of firearms by certain individuals subject to a domestic violence restraining order. In the wake of Rahimi, the Supreme Court granted certiorari in Antonyuk, summarily vacated our judgment in that case, and remanded the case to this Court for further consideration in light of Rahimi (as it did with all other Second Amendment cases then pending before it). Having reconsider

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