Antonyuk v. James - Is This the End of the 2nd Amendment?
May 26, 2025
Criminal defense attorneys Joey Hamby and Rachel Moss discuss one of the most closely monitored Second Amendment cases, Antonyuk v. James. The case concerns New York’s Concealed Carry Improvement Act (CCIA), a sweeping law enacted following the Supreme Court’s 2022 ruling in New York State Rifle & Pistol Association v. Bruen.
Case Summary
Antonyuk v. James challenges several provisions of the CCIA, which make it difficult for law-abiding New Yorkers to obtain a concealed carry permit. The law requires applicants to prove “good moral character,” disclose social media accounts and cohabitants, and limits areas where firearms can be legally carried. Although some parts of the law have been temporarily blocked, such as the social media disclosure requirement, most of it remains in effect while the case is ongoing.
“Even though this is a temporary decision… this is something that New York citizens are going to have to live with for a few years until the finalized case really makes its way through the system.”
– Attorney Moss
Legal Background: From Heller to Bruen and Beyond
The discussion traces the constitutional debate back to District of Columbia v. Heller, where the Supreme Court recognized the Second Amendment as protecting an individual’s right. Rights under the Second Amendment were recognized to apply to the states through the Fourteenth Amendment in McDonald v. Chicago, and in Bruen, the Supreme Court established the current framework for courts analyzing Second Amendment issues.
“Bruen really changed what the standard was for determining whether certain laws can be constitutional… the government would have to provide evidence that the law that they are seeking to uphold is consistent with the government’s historical regulation of firearms.”
– Attorney Moss
Even with Bruen’s framework, courts have struggled to apply it consistently. The Rahimi case helped clarify that a law doesn’t need a historical “twin,” but it must be “relevantly similar” to past regulations.
Antonyuk v. James has been appealed to the Second Circuit twice and the Supreme Court twice, with the counts addressing only issues related to preliminary injunctions. The justices declined to weigh in yet, preferring a fully developed record. New York’s new gun law is even more restrictive than the one struck down in Bruen, which had required individuals to show “proper cause” to obtain a concealed carry license. For everyday citizens hoping to carry a gun legally, the result may be frustrating, but the attorneys are optimistic.
“We’re in a good position with our current Supreme Court, I think when this case really has developed, we might see some changes here.”
– Attorney Moss
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