On October 24th, the federal Second Circuit Court of Appeals ruled that New York State can enforce several restrictions on carrying firearms. This decision comes amid escalating concerns over gun violence and aims to enhance regulations around carrying guns, especially in public spaces. According to the latest ruling, New York is now permitted to prohibit firearms in “sensitive” locations including schools, parks, theaters, bars, and Times Square.
The Second Circuit, located in Manhattan, also upheld the requirement for applicants seeking gun permits to demonstrate “good moral character,” which allows authorities to prevent individuals deemed dangerous from carrying firearms in public settings. However, the panel of three judges struck down certain aspects of the 2022 law, including the provision that banned firearms in privately owned places generally open to the public, such as gas stations and supermarkets.
This decision follows a similar ruling made by the court in December of last year but was re-evaluated after the Supreme Court clarified constitutional protections for gun owners in another case. New York Attorney General Letitia James remarked in a statement, “This ruling is another victory in our efforts to protect all New Yorkers from gun violence, and common-sense gun safety legislation helps safeguard the people of New York.”
Previously, the case “New York State Rifle & Pistol Association v. Bruen” expanded the rights of individuals to carry weapons in public; however, a federal ban prohibiting individuals subject to domestic violence restraining orders from owning guns, passed by the Supreme Court in June, curtailed the impact of the Bruen case.
Subsequently, the Supreme Court directed the Manhattan appellate court to re-examine the 2022 New York law in light of the “U.S. v. Rahimi” decision. The appellate court stated that the Supreme Court’s analysis in the Rahimi case “supports our previous conclusions,” and affirmed its commitment to regulating firearm carry.
Erich Pratt, Vice President of Gun Owners of America, expressed his disappointment in a statement, calling the decision “extremely frustrating.” He vowed to continue the fight against state-level anti-gun legislation until New Yorkers can carry firearms for self-defense without infringement.
