gun control

Carl Paladino attacks gun ban on private property in lawsuit against New York’s concealed carry law

Paladino, a Republican candidate for Congress, filed a federal lawsuit against the newly enacted law on Monday.

Republican congressional candidate Carl Paladino filed a federal lawsuit today challenging New York’s new restrictions on concealed carry permits.

Republican congressional candidate Carl Paladino filed a federal lawsuit today challenging New York’s new restrictions on concealed carry permits. KENA BETANCUR/AFP via Getty Images

Republican congressional candidate Carl Paladino filed a federal lawsuit Monday challenging New York’s new restrictions on concealed carry permits. It follows two others brought by Gun Owners of America and Brooklyn gun owner Jonathan Corbett, the Buffalo News reported. 

Paladino’s lawsuit – which he promised last week – attacks the ban on guns on private property unless permission is granted by the owner or signage permitting guns is posted by a business. That ban is new. After the Supreme Court struck down New York’s requirement for concealed carry applicants to show “a unique need for self-protection,” the state Legislature quickly convened to establish new rules restricting where people can carry guns. 

Paladino’s lawsuit alleges there were a number of  “provisions that unconstitutionally infringe on New Yorkers’ Second Amendment rights” in the legislation, and calls the ban on guns on private property “the grossest infringement on the right to self-defense.” The requirement “transforms a constitutionally guaranteed right into a right that New Yorkers may only exercise after they receive express permission to do so from another,” the complaint states. 

Using McDonald’s restaurants in a hypothetical example, Paladino’s lawsuit acknowledged “that’s not to say a McDonalds couldn’t impose some limits on exercise of constitutional rights on its own property,” but argues the state cannot “presumptively ban constitutional conduct (such as speaking or praying) on all private property as the default position unless the private property owner or lessee posts signage allowing the exercise of that right.” The suit also contends that the restrictions endanger the public by “informing would-be criminals of the locations where they are least likely to encounter armed resistance.” 

Paladino, who lives in Buffalo and has a handgun license, said he wants to carry his gun on private property, but is hamstrung by the new limitations. He also wants people to be able to carry guns at the Ellicott Square building in downtown Buffalo, where real estate firm Ellicott Development is headquartered. Paladino is the founder and chair of Ellicott Development, and the company is named as a plaintiff in the lawsuit. New York State Police Superintendent Kevin Bruen, Erie County Sheriff John Garcia and Buffalo Police Commissioner John Gramaglia, who enforce Buffalo’s firearm laws, are named as defendants. 

Paladino is asking a judge to declare the ban on guns on private property a violation of the Second and Fourteenth Amendments and grant an injunctive relief to prevent the state from enacting the restriction. 

“I am confident that I will win my lawsuit, and I am prepared to take this all the way to the Supreme Court to do so,” Paladino said in a statement issued Tuesday in which he attacked Democrats who sponsored the new law. 

In response to the lawsuit, a spokesperson for Gov. Kathy Hochul said “Governor Hochul signed landmark legislation developed to comply with the Supreme Court’s recent decision in (New York State Rifle & Pistol Association) v. Bruen and drafted in close collaboration with the legislature. We have no further comment on this litigation."

More lawsuits are expected to be filed against the recently enacted restrictions, which take effect in September. State GOP Committee Chair Nick Langworthy has also said the party is also planning a separate legal action. 

Langworthy and Paladino are running against each other in the GOP primary race to represent the 23rd District. Paladino’s lengthy history of rogue and racist behavior has resurfaced during the campaign, most recently  in a 2021 interview in which he praised Adolf Hitler.

X
This website uses cookies to enhance user experience and to analyze performance and traffic on our website. We also share information about your use of our site with our social media, advertising and analytics partners. Learn More / Do Not Sell My Personal Information
Accept Cookies
X
Cookie Preferences Cookie List

Do Not Sell My Personal Information

When you visit our website, we store cookies on your browser to collect information. The information collected might relate to you, your preferences or your device, and is mostly used to make the site work as you expect it to and to provide a more personalized web experience. However, you can choose not to allow certain types of cookies, which may impact your experience of the site and the services we are able to offer. Click on the different category headings to find out more and change our default settings according to your preference. You cannot opt-out of our First Party Strictly Necessary Cookies as they are deployed in order to ensure the proper functioning of our website (such as prompting the cookie banner and remembering your settings, to log into your account, to redirect you when you log out, etc.). For more information about the First and Third Party Cookies used please follow this link.

Allow All Cookies

Manage Consent Preferences

Strictly Necessary Cookies - Always Active

We do not allow you to opt-out of our certain cookies, as they are necessary to ensure the proper functioning of our website (such as prompting our cookie banner and remembering your privacy choices) and/or to monitor site performance. These cookies are not used in a way that constitutes a “sale” of your data under the CCPA. You can set your browser to block or alert you about these cookies, but some parts of the site will not work as intended if you do so. You can usually find these settings in the Options or Preferences menu of your browser. Visit www.allaboutcookies.org to learn more.

Sale of Personal Data, Targeting & Social Media Cookies

Under the California Consumer Privacy Act, you have the right to opt-out of the sale of your personal information to third parties. These cookies collect information for analytics and to personalize your experience with targeted ads. You may exercise your right to opt out of the sale of personal information by using this toggle switch. If you opt out we will not be able to offer you personalised ads and will not hand over your personal information to any third parties. Additionally, you may contact our legal department for further clarification about your rights as a California consumer by using this Exercise My Rights link

If you have enabled privacy controls on your browser (such as a plugin), we have to take that as a valid request to opt-out. Therefore we would not be able to track your activity through the web. This may affect our ability to personalize ads according to your preferences.

Targeting cookies may be set through our site by our advertising partners. They may be used by those companies to build a profile of your interests and show you relevant adverts on other sites. They do not store directly personal information, but are based on uniquely identifying your browser and internet device. If you do not allow these cookies, you will experience less targeted advertising.

Social media cookies are set by a range of social media services that we have added to the site to enable you to share our content with your friends and networks. They are capable of tracking your browser across other sites and building up a profile of your interests. This may impact the content and messages you see on other websites you visit. If you do not allow these cookies you may not be able to use or see these sharing tools.

If you want to opt out of all of our lead reports and lists, please submit a privacy request at our Do Not Sell page.

Save Settings
Cookie Preferences Cookie List

Cookie List

A cookie is a small piece of data (text file) that a website – when visited by a user – asks your browser to store on your device in order to remember information about you, such as your language preference or login information. Those cookies are set by us and called first-party cookies. We also use third-party cookies – which are cookies from a domain different than the domain of the website you are visiting – for our advertising and marketing efforts. More specifically, we use cookies and other tracking technologies for the following purposes:

Strictly Necessary Cookies

We do not allow you to opt-out of our certain cookies, as they are necessary to ensure the proper functioning of our website (such as prompting our cookie banner and remembering your privacy choices) and/or to monitor site performance. These cookies are not used in a way that constitutes a “sale” of your data under the CCPA. You can set your browser to block or alert you about these cookies, but some parts of the site will not work as intended if you do so. You can usually find these settings in the Options or Preferences menu of your browser. Visit www.allaboutcookies.org to learn more.

Functional Cookies

We do not allow you to opt-out of our certain cookies, as they are necessary to ensure the proper functioning of our website (such as prompting our cookie banner and remembering your privacy choices) and/or to monitor site performance. These cookies are not used in a way that constitutes a “sale” of your data under the CCPA. You can set your browser to block or alert you about these cookies, but some parts of the site will not work as intended if you do so. You can usually find these settings in the Options or Preferences menu of your browser. Visit www.allaboutcookies.org to learn more.

Performance Cookies

We do not allow you to opt-out of our certain cookies, as they are necessary to ensure the proper functioning of our website (such as prompting our cookie banner and remembering your privacy choices) and/or to monitor site performance. These cookies are not used in a way that constitutes a “sale” of your data under the CCPA. You can set your browser to block or alert you about these cookies, but some parts of the site will not work as intended if you do so. You can usually find these settings in the Options or Preferences menu of your browser. Visit www.allaboutcookies.org to learn more.

Sale of Personal Data

We also use cookies to personalize your experience on our websites, including by determining the most relevant content and advertisements to show you, and to monitor site traffic and performance, so that we may improve our websites and your experience. You may opt out of our use of such cookies (and the associated “sale” of your Personal Information) by using this toggle switch. You will still see some advertising, regardless of your selection. Because we do not track you across different devices, browsers and GEMG properties, your selection will take effect only on this browser, this device and this website.

Social Media Cookies

We also use cookies to personalize your experience on our websites, including by determining the most relevant content and advertisements to show you, and to monitor site traffic and performance, so that we may improve our websites and your experience. You may opt out of our use of such cookies (and the associated “sale” of your Personal Information) by using this toggle switch. You will still see some advertising, regardless of your selection. Because we do not track you across different devices, browsers and GEMG properties, your selection will take effect only on this browser, this device and this website.

Targeting Cookies

We also use cookies to personalize your experience on our websites, including by determining the most relevant content and advertisements to show you, and to monitor site traffic and performance, so that we may improve our websites and your experience. You may opt out of our use of such cookies (and the associated “sale” of your Personal Information) by using this toggle switch. You will still see some advertising, regardless of your selection. Because we do not track you across different devices, browsers and GEMG properties, your selection will take effect only on this browser, this device and this website.