April 2024 – Parks & Recreation - 26

LAW REVIEW
In the case of Antonyuk v. Chiumento,
the United States Court of Appeals for
the Second Circuit had to determine
whether a public parks provision in
newly enacted New York Concealed
Carry Improvement Act ( " CCIA " )
violated the Second Amendment.
Urban Parks' Tradition of
Firearm Regulation
By James C. Kozlowski, J.D., Ph.D.
I
n the case of Antonyuk v. Chiumento, 2023 U.S. App. LEXIS 32492 (2nd
Cir. 12/8/2023), the United States Court of Appeals for the Second
Circuit had to determine whether a public parks provision in newly
enacted New York Concealed Carry Improvement Act ( " CCIA " ) violated
the Second Amendment. Plaintiffs included several individuals who
had previously been issued a concealed-carry license for their firearms.
The Second Amendment in
the U.S. Constitution provides:
" A well-regulated Militia, being
necessary to the security of a free
State, the right of the people to
keep and bear Arms, shall not be
infringed. " The Supreme Court
of the United States has held the
Second Amendment protects the
" individual right to keep and bear
arms for self-defense in case of
confrontation, " which was " not
limited to service in an organized
militia. " The Second Amendment
is " fully applicable to the States "
through the 14th Amendment.
The Bruen Rule
In the case of New York State Rifle
& Pistol Ass'n, Inc. v. Bruen, 142 S.
Ct. 2111, 213 L. Ed. 2d 387 (2022)
the Supreme Court of the United
States held the Second Amendment
required the government to
justify the regulation of firearms
by " demonstrating that it is con26
Parks & Recreation | APRIL 2 0 2 4 | PARK S ANDRECRE AT ION . OR G
sistent with the Nation's historical
tradition of firearm regulation. "
In effect, the Second Amendment,
therefore, protects the right of individuals
to keep and bear weapons
in common use and " fairly
supported by the historical tradition
of prohibiting the carrying of
dangerous and unusual weapons. "
Accordingly, in Bruen, the Supreme
Court set out a new " test rooted in
the Second Amendment text, as informed
by history. " In so doing, the
Court noted: " Constitutional rights
are enshrined with the scope they
were understood to have when the
people adopted them. "
That being said, the Supreme
Court in Bruen acknowledged:
" courts must be particularly attuned
to the reality that the issues
we face today are different than
those faced in medieval England,
the Founding Era, the Antebellum
Era, and Reconstruction. "
The Second Amendment was
adopted in 1791 and the 14th

April 2024 – Parks & Recreation

Table of Contents for the Digital Edition of April 2024 – Parks & Recreation

April 2024 – Parks & Recreation - 1
April 2024 – Parks & Recreation - Cover1
April 2024 – Parks & Recreation - Cover2
April 2024 – Parks & Recreation - 1
April 2024 – Parks & Recreation - 2
April 2024 – Parks & Recreation - 3
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April 2024 – Parks & Recreation - Cover3
April 2024 – Parks & Recreation - Cover4
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/april-2024
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/march-2024
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/february-2024
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/january-2024
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/december-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/november-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/october-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/september-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/august-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/july-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/june-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/may-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/april-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/march-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/february-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/january-2023
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/december-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/november-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/october-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/september-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/august-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/july-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/june-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/may-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/april-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/march-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/february-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/january-2022
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/december-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/november-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/october-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/september-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/august-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/july-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/june-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/may-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/april-2021
https://ezine.nrpa.org/nrpa/ParksRecreationMagazine/march-2021
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