Update on New York’s “Social Media” Provision – Operation Blazing Sword/Pink Pistols By: noreply@blogger.com (Mark/GreyLocke)


Dear Pink Pistol members and Operation Blazing Sword volunteers,

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We have received a number of questions, comments and emails that essentially ask the same thing: Wasn’t the social media provision of New York’s concealed carry laws struck down by a Federal judge last week?

The answer, unfortunately, is “no”. Per Document #27 in the case of Antonyuk v. Hochul, aspects of New York’s Concealed Carry Improvement Act, including the social media provision, have merely been temporarily restrained from enforcement for two weeks until the judge can hear more detailed arguments from both sides, not struck down. Put in layman’s terms, the judge has said “Until this case has been decided in court, these laws are on hold.”

Your confusion is entirely understandable as many reputable outlets have been publishing the Associated Press article by Michael Hill wherein the author states that a “Federal judge halts key parts of New York’s new gun law” and that “multiple provisions in a state law passed this year are unconstitutional.” While these statements are technically correct, they paint a false image by not mentioning that this halt is temporary and the result of a restraining order, leading readers to incorrectly assume that this is a permanent result of a court decision. As always, when it comes to the media reporting on guns, verify from original sources whenever possible.

The state of New York has predictably appealed this ruling, and the appeals court will likely rule on this Temporary Restraining Order in the coming days. Because it is critical that that the courts recognize the grave impact this law has on First Amendment rights, we must act quickly to put this issue before the court.

If you are a New York resident and this law has forced you to self-censor on social media or stop using it altogether, or it has made you change your mind about applying for a concealed carry permit, you have standing to bring suit against New York. Please contact Anna Diakun, Staff Attorney for the Knight First Amendment Institute at Columbia University, to become a plaintiff in this case.

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