Second Circuit Court keeps key parts of concealed carry law in place after challenge

October 24, 2024 Robert Abruzzese, Courthouse Editor

New York Attorney General Letitia James, who successfully defended the state's Concealed Carry Improvement Act, praised the Second Circuit's decision to uphold most of the law's key provisions aimed at reducing gun violence. Photo: Seth Wenig/AP

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The U.S. Court of Appeals for the Second Circuit has upheld the majority of New York’s Concealed Carry Improvement Act (CCIA), delivering a major win for the state’s gun safety efforts. This decision comes after the Supreme Court asked the Second Circuit to review the law as part of the Antonyuk v. James case.

The court’s ruling allows most of the CCIA’s rules to remain in place, including the requirement for concealed carry applicants to show good moral character and the restrictions on carrying guns in sensitive places like schools and government buildings. Private property owners, including places of worship, can still choose to ban guns by posting signs.

“This decision is another victory in our effort to protect all New Yorkers from the scourge of gun violence,” said New York Attorney General Letitia James. “After repeated attempts to weaken our gun safety regulations, once again, we have prevailed. Common-sense gun safety legislation helps protect New Yorkers, and my office will always stand up to defend these laws.”

The decision comes after several legal challenges to the CCIA, including one from the U.S. District Court for the Northern District of New York that had blocked parts of the law. The Second Circuit disagreed with most of that ruling but upheld some specific restrictions, such as the requirement for social media disclosure on permit applications and limits on carrying guns on private property open to the public.

This ruling also follows the U.S. Supreme Court’s decision in United States v. Rahimi, which played a role in the review of Antonyuk. In Rahimi, the Court upheld a law preventing people under domestic violence restraining orders from owning guns. This influenced how the Second Circuit approached the Antonyuk case.

The CCIA was passed in September 2022 after the Supreme Court’s decision in New York State Rifle & Pistol Association v. Bruen, which struck down previous restrictions on carrying concealed weapons. The new law was designed to create stricter rules for getting a concealed carry permit and limit where people can carry guns in public.

Under the CCIA, firearms cannot be brought into sensitive locations such as government buildings, schools, public parks, public transportation, and bars or restaurants that serve alcohol. Additionally, places of worship, childcare facilities, homeless shelters and public gatherings such as protests are included under the ban. The law also restricts carrying firearms on private property unless the owner has posted signs allowing it or given express verbal consent.

Some individuals are exempt from these restrictions, including law enforcement officers, security guards while on duty, active-duty military personnel, and individuals engaged in lawful hunting activities. Additionally, individuals participating in specific ceremonial or historical reenactments may also carry firearms under certain conditions.

While the Second Circuit’s ruling upheld most of the law, it sent parts of the case back to the district court for further review.