In a pivotal decision on December 8, a U.S. appeals court granted New York the authority to prohibit gun owners from carrying firearms in specific “sensitive locations” such as parks, zoos, bars, and theaters. However, the court simultaneously thwarted the implementation of fresh regulations on bringing guns onto private property open to the public.
This landmark ruling by the 2nd U.S. Circuit Court of Appeals marked the first instance of a federal appeals court addressing the permissible locations for licensed gun owners to carry firearms since the U.S. Supreme Court’s groundbreaking decision last year, which expanded gun rights.
New York Attorney General Letitia James, a Democrat, expressed in a statement that the three-judge panel’s decision empowers the state to uphold the majority of provisions in its recent gun-control law. She affirmed her commitment to defending these laws and utilizing every available tool to safeguard New Yorkers from unwarranted gun violence.
While gun rights groups celebrated certain aspects of the ruling, particularly the declaration that some portions of the law were likely unconstitutional, including a provision criminalizing the carrying of firearms on private property open to the public without the owner’s explicit consent.
The court also intervened by blocking the enforcement of a regulation demanding concealed-carry permit applicants to disclose their social media accounts. Furthermore, it deemed it likely unconstitutional for the state to prohibit carrying firearms in places of worship.
The extensive 261-page ruling emanated from legal challenges posed by gun rights groups and residents of New York against the Concealed Carry Improvement Act, signed into law by Democratic Governor Kathy Hochul in July 2022.
The law was enacted following the Supreme Court’s decision in June, which invalidated New York’s stringent gun-permitting system and established that the Second Amendment protects an individual’s right to carry a handgun in public for self-defense.
The ruling, titled New York State Rifle & Pistol Association v Bruen, also introduced a new criterion for evaluating the constitutionality of gun laws, asserting that they must align with the nation’s historical tradition of firearm regulation.
New York’s new law expanded the eligibility for obtaining a license to carry a handgun outside the home but mandated applicants to demonstrate “good moral character.” It outlined an extensive list of “sensitive locations” where carrying a gun would constitute a felony, even for license holders, encompassing churches, medical offices, public parks, and theaters. Times Square in New York City is among the designated sensitive locations.
Various New York gun owners and advocacy groups, including the Firearms Policy Coalition and Second Amendment Foundation, contested the law. Initially, a lower-court judge deemed much of the law unconstitutional, citing inconsistencies with historical legal norms. However, the three-judge panel on Friday reversed those decisions regarding a majority of the restrictions, asserting that numerous provisions align with the nation’s historical approach to regulating firearms in crowded areas and public spaces.
