Federal Appeals Court Upholds New York Gun Regulation in Sensitive Areas
NEW YORK (AP) — The 2nd U.S. Circuit Court of Appeals in Manhattan affirmed that New York can maintain its restrictions on carrying firearms in designated “sensitive” locations, including public transit, hospitals, and schools. This decision, reiterating findings from a previous ruling, comes after a request from the Supreme Court to review the case in light of a separate decision made in June.
The appeals court pointed out that the Supreme Court’s recent gun case dealt with regulations significantly different from those in New York. Consequently, the 2nd Circuit upheld the state’s ability to enforce its laws regarding gun-free zones in 20 specific categories and the requirement for handgun owners to demonstrate “good moral character.”
However, the court did strike down a mandate for handgun license applicants to disclose their social media accounts and blocked a prohibition on carrying concealed weapons in commercial spaces like shops, supermarkets, and restaurants.
New York’s current gun law, enacted after the Supreme Court invalidated previous restrictions requiring individuals to prove a special need for self-defense, has expanded handgun licensing while limiting the presence of guns in areas such as zoos, playgrounds, schools, theaters, bars, voting locations, buses, and airports. This legislation was influenced by a tragic event where a white supremacist killed 10 Black individuals in a Buffalo supermarket (source).
The 2nd Circuit noted in a footnote that this decision is preliminary. The provisions of the law will undergo further legal scrutiny and historical analysis as the case advances.
Governor Kathy Hochul praised the appeals court for endorsing the “common-sense measure” she enacted, noting the law’s role in maintaining New York’s low firearm mortality rate. Conversely, Gun Owners of America expressed their dissatisfaction with the ruling, criticizing it as “an incredibly frustrating ruling.” Erich Pratt, the group’s senior vice president, stated, “The Second Circuit got it wrong the first time, SCOTUS told them so and said try again, and this nearly identical ruling is a slap in the face to the Justices and every gun owner across New York.” Sam Paredes indicated that the group might petition the Supreme Court again.
New York Attorney General Letitia James celebrated the ruling as “another victory in our effort to protect all New Yorkers from the scourge of gun violence.” She emphasized that the state’s gun safety regulations withstood repeated challenges. David Pucino from the Giffords Law Center to Prevent Gun Violence supported the court’s decision, asserting that “Gun safety laws remain constitutional since they are consistent with our history and tradition.”
