In the Courts

Appeals Court Rules In Favor Of New York Law Restricting Guns In ‘Sensitive Areas’ After Supreme Court Ruling

A federal appeals court reaffirmed Thursday that New York can continue enforcing restrictions on firearms in “sensitive” areas, including public transportation, hospitals and schools.

This ruling, issued by the 2nd U.S. Circuit Court of Appeals in Manhattan, follows a directive from the U.S. Supreme Court to reassess its previous judgment in light of a major 2022 gun case, according to The Associated Press. Despite the high court’s ruling in June, which loosened gun restrictions in other contexts, the 2nd Circuit found that New York’s regulations targeting specific locations were different and could still stand. The court emphasized that while it had reviewed its earlier decision as instructed, its findings remained largely unchanged.

The ruling is significant but doesn’t conclude the legal battle, as the 2nd Circuit noted that the decision comes “at a very early stage of this litigation,” AP reported. Both sides will have the chance to present further arguments and evidence, potentially influencing the case’s outcome as it progresses.

In December 2023, a panel of three judges from the 2nd Circuit upheld New York’s ban on firearms in 20 designated “sensitive” locations and its requirement for handgun license holders to demonstrate “good moral character,” AP reported. However, the court struck down the mandates for applicants to disclose social media accounts and invalidated a blanket ban on concealed weapons in certain public places like shops and restaurants.

New York’s latest gun law, enacted after the Supreme Court struck down previous restrictions, sparked a battle between gun rights advocates and lawmakers, the outlet reported. While it eased the process for obtaining handgun licenses, the law also expanded the list of prohibited locations for firearms, including schools, zoos, bars, theaters and voting sites, following a mass shooting in Buffalo that killed ten black residents.

Democratic New York Gov. Kathy Hochul celebrated the decision as a victory for public safety. She praised the court for upholding what she described as a “common-sense measure” that has contributed to New York’s low firearm mortality rate, AP stated. Erich Pratt, senior vice president of Gun Owners of America, expressed frustration with the ruling, calling it a “slap in the face” to the Supreme Court and gun owners across the state.

“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,” Pratt said in a statement, AP reported.

Democratic New York Attorney General Letitia James, however, saw the ruling as another win for gun safety advocates. “After repeated attempts to weaken our gun safety regulations, once again we have prevailed,” James said in a statement, according to AP.

A federal district court previously ruled that a law prohibiting firearms on private property without explicit consent from the owner is unconstitutional. The U.S. District Court for the Western District of New York blocked New York from enforcing the law, which made firearm possession a felony unless the owner allowed it through signage or direct consent.


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Mariane Angela

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