A federal appeals court has upheld significant portions of New York gun control laws, including restrictions on carrying firearms in areas the state has deemed “sensitive,” such as schools, hospitals, and public transportation.
The U.S. Court of Appeals for the 2nd Circuit on Thursday reaffirmed provisions of the Concealed Carry Improvement Act, which New York passed in 2022 after the Supreme Court’s ruling in New York State Rifle and Pistol Association v. Bruen. The precedent in the landmark Bruen case led pro-Second Amendment groups to challenge more of the Empire State’s gun control restrictions, such as prohibitions on carrying guns in high-population hubs such as Times Square and Central Park.
Thursday’s decision allows New York to continue requiring gun license applicants to demonstrate “good moral character” and provide information on household members, maintaining stricter state control over concealed carry permits. Last December, a three-judge panel held New York could continue enforcing laws banning firearms in 20 categories of “sensitive” locations and could require handgun owners to be of “good moral character.”
However, the appeals court did strike down restrictions on carrying firearms on private properties open to the public, such as grocery stores and gas stations, a provision it also rejected in the previous December 2023 ruling.
In a footnote of the 246-page decision, the 2nd Circuit wrote that its ruling comes while “this litigation is still in its early stages” and said this decision does not completely determine the constitutionality of the challenged aspects of the law because the provisions must now face arguments by lawyers alongside a historical analysis, as prescribed by the Supreme Court under Bruen.
Meanwhile, the Supreme Court has asked seven other state and federal courts to reexamine their decisions in light of its more recent gun-related decision known as United States v. Rahimi, which upheld a federal ban on gun ownership by people subject to restraining orders for domestic violence, the 2nd Circuit noted in its decision.
The 2nd Circuit said the ruling and subsequent analysis of the Rahimi case “supports our prior conclusions.”
Gov. Kathy Hochul (D-NY) praised the ruling, saying it upholds the “core tenets” of New York’s efforts to curb gun violence.
“Public safety is my top priority, and I’ll continue to fight gun violence and protect all New Yorkers,” she said in a statement.
Gun Owners of America, involved in challenging the New York legislation, expressed disappointment. Erich Pratt, the group’s vice president, called the ruling “incredibly frustrating,” accusing the court of disregarding Supreme Court guidance. “This nearly identical ruling is a slap in the face to the justices and every gun owner across New York,” he said, pledging continued legal challenges.
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David Pucino of the Giffords Law Center, supporting the state’s position, said the ruling affirms the constitutionality of “commonsense” gun safety laws, consistent with American history and tradition.
The decision follows a recent move by the Supreme Court to toss out a decision that allowed 18-year-olds to carry guns openly during emergency scenarios in Pennsylvania.
