Antonyuk v. James: The CCIA's Survival in Federal Court

Origins of the Challenge

Within days of Governor Hochul signing the Concealed Carry Improvement Act (CCIA) in July 2022, plaintiffs filed federal lawsuits challenging its constitutionality under the Second Amendment framework established by NYSRPA v. Bruen.^[1] The lead case, Antonyuk v. Bruen (later restyled Antonyuk v. James), was filed in the Northern District of New York. Three related cases -- Christian v. Nigrelli, Spencer v. Nigrelli, and Hardaway v. Nigrelli -- challenged overlapping CCIA provisions. The Second Circuit consolidated all four appeals for argument and decision.

District Court Injunctions

In November 2022, U.S. District Judge Glenn Suddaby issued preliminary injunctions against several CCIA provisions, finding that the state had failed to demonstrate a sufficient historical basis for many of the law's restrictions. The Second Circuit stayed Judge Suddaby's injunctions pending appeal. Plaintiffs applied to the Supreme Court to vacate that stay. On January 11, 2023, the Supreme Court denied the application to vacate the Second Circuit's stay, with Justice Alito noting no view on the merits, and the CCIA remained in full effect.^[2]

The Second Circuit's December 2023 Decision

On December 8, 2023, the Second Circuit issued a 261-page opinion addressing the consolidated appeals.^[3] The panel took a middle-ground approach, upholding the CCIA's core structure while striking down specific provisions:

Provisions Upheld

The court upheld the "good moral character" requirement, the 16-hour classroom plus 2-hour live-fire training mandate, most sensitive location designations (including government buildings, schools, public transportation, Times Square, and establishments serving alcohol), and most licensing requirements.^[4]

Provisions Struck Down

The court struck down the requirement that license applicants disclose their social media accounts. It also struck down the "restricted locations" default rule as applied to private property open to the general public, finding that the CCIA's presumption that firearms are prohibited on all private property unless the owner posts "clear and conspicuous signage" permitting them was unconstitutional.^[5] The court also struck down the blanket ban on firearms in places of worship.

Post-Rahimi Remand and October 2024 Reaffirmation

After the Supreme Court decided United States v. Rahimi in June 2024 -- clarifying that the historical-tradition test does not require a "historical twin" but only a "historical analogue" -- it vacated the December 2023 Second Circuit opinion and remanded for reconsideration in light of Rahimi. The December 2023 decision is therefore no longer controlling precedent. On October 24, 2024, the Second Circuit issued a new post-remand opinion that is now the binding authority on the CCIA's constitutionality. The court largely reaffirmed its earlier holdings, keeping the core CCIA provisions in place while maintaining the injunctions against the social media requirement and the private property default rule.^[6]

Supreme Court Denies Certiorari

On April 7, 2025, the Supreme Court declined to hear the case (docket 24-795), leaving the Second Circuit's decision in effect.^[7] The denial came without any noted dissent, signaling that a majority of justices did not view the case as warranting further review at this stage.

Current Status of CCIA Provisions (as of May 2026)

The good moral character standard, the training requirements, and most sensitive location designations remain in full effect. The restricted locations default rule remains enjoined as applied to businesses open to the general public. Litigation continues in lower courts over specific applications of certain sensitive location designations.^[8]

Social Media Disclosure: Permanently Enjoined (March 31, 2026)

The social media disclosure requirement under PL 400.00(1)(o)(iv) -- which the Second Circuit struck down in its December 2023 and October 2024 decisions -- was permanently enjoined on March 31, 2026, concluding the Antonyuk litigation on that provision. New York has fully dropped the requirement. The NYPD PPB-3 application form no longer asks applicants to list social media handles, and no licensing officer in any county may require this disclosure. Applicants who previously provided social media information need not do anything further.