Federal Appeals Court partially strikes down New York gun law

December 10, 2023 Robert Abruzzese

Attorney General Letitia James, a staunch supporter of the Concealed Carry Improvement Act, reaffirms her commitment to upholding public safety and enforcing critical provisions of the law, in the wake of the 2nd U.S. Circuit Court of Appeals' ruling. Photo: AP, Ted Shaffrey

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The 2nd U.S. Circuit Court of Appeals delivered a significant ruling on Friday, striking down key parts of a New York gun control law while upholding others. This decision comes in the wake of the Supreme Court’s expansion of Second Amendment rights last year.

Key Provisions Invalidated

The appeals court invalidated several provisions of the law. Notably, it struck down the requirement for concealed carry permit applicants to disclose their social media accounts. This decision is seen as a pushback against what some argue is an infringement on privacy and freedom of speech.

Additionally, the court overturned a provision that by default bans gun possession on private property. It also blocked enforcement of a gun possession ban at places of worship for a specific group of plaintiffs.

Some Provisions Upheld

While parts of the law were struck down, the court upheld other aspects previously deemed unconstitutional by lower courts. This includes the requirement for concealed carry permit applicants to demonstrate “good moral character,” a decision welcomed by New York Attorney General Letitia James.

The court’s ruling also maintains gun possession bans at many locations classified as “sensitive places,” such as behavioral health centers, public parks, zoos, theaters, conference centers, and places licensed for on-premise alcohol consumption.

Backdrop of the Ruling

The ruling follows last year’s Supreme Court decision in NYSRPA v. Bruen, which marked a significant expansion of Second Amendment rights. In response, New York Democrats passed the Concealed Carry Improvement Act (CCIA), imposing new restrictions and requirements for gun permits.

The law, which also bans firearms in 20 “sensitive places” including prominent New York City locations like Times Square and the subway system, has been a subject of controversy and legal challenges.

This latest decision is not expected to be the final word in the ongoing legal battle over New York’s gun laws. The 2nd Circuit’s ruling, comprising a comprehensive 261-page decision, narrows down the list of blocked provisions and sets the stage for further legal proceedings.

Responses

In response to the court’s decision, Gov. Kathy Hochul emphasized the importance of the law in maintaining public safety and expressed her commitment to defending New York’s gun laws.

“In the wake of a reckless Supreme Court decision that stripped away a key tool I had as governor to protect New Yorkers from gun violence, I worked with the Legislature to craft nation-leading concealed carry laws to protect public safety,” Hochul said.

“These laws instituted common-sense protections to strengthen background checks, protect sensitive locations, and ensure permits are issued responsibly. Now, even after a year of legal assault from right-wing extremists, core tenets of our laws remain in effect following today’s ruling from the United States Court of Appeals for the Second Circuit. Public safety is my top priority, and I’ll continue my efforts to keep New Yorkers safe,” she added,

New York Attorney General Letitia James also commented on the ruling, and hailed the upheld portions of the ruling, particularly highlighting the law’s role in keeping guns out of dangerous hands and away from schools, hospitals, parks, public transportation, and other sensitive locations.

“Today’s decision to permit the state to enforce critical provisions of the Concealed Carry Improvement Act as the court process moves forward will help keep New Yorkers safe. This commonsense law was enacted to keep guns out of dangerous hands and away from schools, hospitals, parks, public transportation, and other sensitive locations. My office will continue to defend New York’s gun laws and use every tool to protect New Yorkers from senseless gun violence.”