Wednesday
February, 4

Federal Judge Issues Permanent Injunction Against NY Public Housing Gun Ban

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Photo courtesy of CHA

A federal judge in New York issued a permanent injunction against the Cortland Housing Authority (CHA), barring any firearms ban on CHA properties. The case, led by the Second Amendment Foundation (SAF) alongside three plaintiffs—Robert Hunter, Elmer Irwin and Doug Merrin—was ruled by U.S. District Judge Glenn T. Suddaby in the U.S. District Court for the Northern District of New York. In his order, Judge Suddaby emphasized that CHA and its affiliates cannot restrict tenants from owning or carrying firearms, as long as they follow federal, state and local firearm laws.

For many people living in public housing—often in communities that face higher crime rates and, at times, slower law enforcement response times—the ability to legally defend oneself and one’s family is absolutely critical. Restrictive gun policies in high-crime areas disproportionately impact minority communities, who are often the most affected by such regulations. In these neighborhoods, residents are frequently caught in the crosshairs of violent crime and socioeconomic disadvantages that make their need for self-defense all the more important.

The SAF believes this decision sends a clear message to public housing authorities nationwide.

“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,” SAF founder Alan Gottlieb said. SAF Executive Director Adam Kraut added that public housing residents “do not leave their constitutional rights at the entrance.”

The court also ordered CHA to cover $150,000 in attorneys’ fees and costs for the plaintiffs, underscoring the judicial recognition that just because a person lives in public housing, doesn’t relegate them to second-class citizenship where their rights can simply be taken away and any effort to do so will be costly for those agencies that attempt it. The decision serves not only as a win for public housing residents’ Second Amendment rights, but as a broader victory to ensure the personal safety and right to self-defense among some our society’s most vulnerable citizens.

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