The issue has arisen in recent Second Amendment litigation of whether plaintiffs’ challenges to restrictions are cognizable facially or only as-applied. On June 25, the question arose at the Second Circuit’s oral argument in Christian v. James, 25-384-cv, an appeal of the district court’s upholding of New York’s ban on firearms in public parks. Referring to a prior precedent, the district court wrote: “In Antonyuk, the Second Circuit rejected the plaintiffs’ facial challenge on the parks’ issue, but recognized a potential distinction between urban and rural parks—to be decided, presumably, on an as-applied challenge.”

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