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

Origins of the Challenge

After Governor Hochul signed 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. The first Antonyuk lawsuit was filed on July 11, 2022.^[1] The first case, Antonyuk v. Bruen, was filed in the Northern District of New York and dismissed without prejudice for lack of subject-matter jurisdiction on August 31, 2022. A new action, Antonyuk v. Hochul, was filed in the same court on September 20, 2022, and its appeal was decided as Antonyuk v. James. 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 without expressing a view on the merits, leaving the Second Circuit's stay, which had one exception, in place while the appeal proceeded.^[2]

The Second Circuit's December 2023 Decision

The Second Circuit narrowed several preliminary injunctions in the consolidated CCIA litigation while preserving relief against provisions including the social-media disclosure requirement and the private-property express-consent rule. The decision addressed standing, preliminary-injunction standards, and multiple location categories separately. It should not be summarized as a single blanket ruling for every place of worship or sensitive location.

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.

Current Status of the CCIA

The public appellate record establishes the Second Circuit's October 24, 2024 post-Rahimi opinion and the Supreme Court's April 7, 2025 denial of certiorari. On September 30, 2026, the district court granted in part and denied in part the motions for summary judgment. The court permanently enjoined enforcement of the airport carry restriction and dismissed the challenges to restrictions in public parks, establishments where alcohol is consumed, theaters and zoos. It dismissed the private-property claims without prejudice and dismissed the surviving application-process claims against Defendant Rusin.^[8]

The social-media disclosure requirement remains enjoined under the operative appellate decisions. The private-property default rule may not be enforced on private property open to the public after Christian v. James and Wolford v. Lopez. Other CCIA provisions remain subject to their statutory text and the specific scope of the relevant injunction or judgment.