At some point, New York authorities deemed it necessary to issue a gun ban for those who live in public housing. This includes not only some of the state’s poorest residents but also many who are most likely to be targeted by violent crime.
How did this appear to be a good idea, and how did anyone believe it would pass constitutional muster? The mere fact that such a rule was enacted by the Cortland Housing Authority (CHA) says much about conditions in New York as related to Second Amendment rights.
That situation drastically changed last week when U.S. District Judge Glenn T. Suddaby of the Northern District of New York issued a permanent injunction against the CHA edict.
Three plaintiffs sued the body, alleging that its actions violated the constitutional rights of residents of public housing facilities.
Suddaby agreed that as long as the tenants followed all firearm laws, misguided authorities should not strip them of their rights.
He wrote, “The right to bear arms, especially for the purpose of self-defense in one’s home, is fundamental. A public housing lease cannot strip tenants of their constitutional protections, regardless of their income or place of residence.”
Suddaby considered two critical constitutional issues. The first and most obvious was the right to keep and bear arms, which is guaranteed to law-abiding citizens by the Second Amendment.
The second, and somewhat less apparent, dealt with the First Amendment. The plaintiffs charged that CHA methodically deleted their critical comments on the organization’s Facebook page concerning the blanket firearm prohibition.
The judge determined that the rule included in the public housing lease agreement was overly broad and violated the tenants’ constitutional rights.
His injunction further banned CHA officials from erasing or otherwise censoring posts critical of the authority on social media.
Again, these are some of the most crime-ridden properties in the U.S. At what point was it advisable to tell thousands of potential crime victims that they no longer possess the right to armed self-defense — a fundamental freedom enshrined in the nation’s Constitution?
These restrictions forced many good people to choose between obeying the rules imposed on them and protecting themselves and their loved ones.
The Second Amendment Foundation (SAF) stepped in and challenged the legitimacy of the restriction. Executive Director Adam Kraut declared that the organization was ready to act when faced with such an egregious example of suppression of individual rights.
Kraut explained, “Whenever we are alerted to this sort of thing, we are prepared to challenge it…this is about winning firearms freedom one lawsuit at a time.”
He added that public housing residents do not surrender their Second Amendment rights when they move into the buildings.
The SAF and the three suing tenants successfully argued that the prohibition targeted those with fewer housing options than most because of their income level.
In addition to sweeping away the unjust restriction, Judge Suddaby ordered the authority to pay $150,000 in legal costs incurred by the plaintiffs. Such provisions are barred from being included in future lease agreements with prospective tenants.
This should send a clear message that the rights of the downtrodden are just as necessary as those of any other Americans, and there is a price to pay for suppressing their freedoms.
Last week’s ruling set a precedent that may affect thousands of other New Yorkers who live in public housing with strict firearm rules. It would not be surprising to see more tenants concerned with being stripped of their right to armed self-defense take legal action to reclaim Second Amendment freedoms.
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