SCOTUS Gives Second Circuit Time to Handle Suit Against NY Gun Control

On Wednesday, the Supreme Court of the United States (SCOTUS) rejected a request to intervene, choosing instead to allow a lawsuit against New York gun control to continue to run its course in the U.S. Appeals Court for the Second Circuit.

SCOTUS was petitioned for a writ of injunction, but simply responded, “The application for writ of injunction presented to Justice Sotomayor and by her referred to the Court is denied.”

The gun controls in question apply to gun dealers in state, centering on requirements that said dealers carry out background checks on ammunition sales and install certain security devices on premises.

On January 11, 2023, one week prior to Wednesday’s order, SCOTUS rejected a request to intervene on NY gun controls which apply to individual, licensed concealed carriers.

Justice Samuel Alito, joined by Justice Clarence Thomas, noted that the January 11, 2023, rejection of the request in no way diminishes the perceived infringement some NY gun controls may pose to the Second Amendment. However, the justices wish to give the Second Circuit time to finish its work in the case.

Alito wrote, “I understand the Court’s denial today to reflect respect for the Second Circuit’s procedures in managing its own docket, rather than expressing any view on the merits of the case.”

He encouraged petitioners not to be dissuaded from continuing the fight against NY gun control, saying, “Applicants should not be deterred by today’s order from again seeking relief if the Second Circuit does not, within a reasonable time, provide an explanation for its stay order or expedite consideration of the appeal.”

The case is Nadine v. Hochul, No. 22A591, in the Supreme Court of the United States.

AWR Hawkins is an award-winning Second Amendment columnist for Breitbart News and the writer/curator of Down Range with AWR Hawkins, a weekly newsletter focused on all things Second Amendment, also for Breitbart News. He is the political analyst for Armed American Radio and a Turning Point USA Ambassador. AWR Hawkins holds a PhD in Military History, with a focus on the Vietnam War (brown water navy), U.S. Navy since Inception, the Civil War, and Early Modern Europe. Follow him on Instagram: @awr_hawkins. You can sign up to get Down Range at breitbart.com/downrange. Reach him directly at awrhawkins@breitbart.com.