Appeals Court Puts Stake Through Heart Of New York’s Anti-2nd Amendment ‘Vampire Rule’

A federal appellate court ruled that New York’s law banning firearms carrying under a so-called “vampire rule” violated the Second Amendment.

Shortly after the Supreme Court struck down New York’s discretionary system for issuing concealed carry permits, Democratic New York Gov. Kathy Hochul signed legislation enacting numerous restrictions on carrying firearms after convening a special session of the state Legislature. A majority of the three-judge panel from the United States Court of Appeals for the Second Circuit ruled that a provision requiring private property owners to post signs allowing concealed carry was unconstitutional.

“The Private Property Provision, as applied to private property open to the public, does not fall within our Nation’s historical tradition of gun regulations,” the majority opinion reads.

The law required private property owners who wished to allow concealed carry on the premises to clearly post signs indicating that carrying guns was allowed. In the statement announcing she had signed the legislation, Hochul said the intent was to allow property owners to decide whether to allow concealed carry, and also to inform the general public that concealed firearms might be on the premises, which was dubbed the “vampire rule,” based on the legend that vampires must be invited inside.

“Because many private property owners will likely not post signs indicating whether firearms are permitted or forbidden on their premises, rules like the ones promulgated by New York and Hawaii will effectively prohibit individuals from carrying firearms on any private property, even private property that is open to the general population,” the majority wrote.

United States Circuit Judge Steven Menashi of the Second Circuit, a Trump appointee, concurred with the decision that struck down the “vampire rule,” but added that he would also have struck down the restrictions on carrying in public parks, which the panel upheld. Democratic New York Attorney General Letitia James did not immediately respond to a request for comment from the Daily Caller News Foundation.

“The FPC Grassroots Army put a stake in the heart of New York’s ‘vampire rule’ carry ban today. We’ll keep fighting in this and other cases to eliminate unconstitutional bans on carry in public parks so people can defend their lives in these public places,” Firearms Policy Coalition President Brandon Combs said in a statement, which FPC referred the DCNF to when reached for comment.