On Thursday, Second Amendment activists achieved another victory against New York State’s extensive gun control laws.
A federal judge has ruled that a recently implemented state law, which prohibits licensed firearms owners from carrying concealed weapons on private property without explicit permission or signage, infringes upon the constitutional right to bear arms.
U.S. District Court Judge John Sinatra, Jr., a Trump appointee, declared that New York’s restriction on private property open to the public is unconstitutional.
The judge stated that the government can only regulate in this area if they can show that the new law aligns with the country’s historical tradition of similar regulations. Referring to recent Supreme Court rulings, the judge concluded that New York did not meet this standard.
A man is seen firing his pistol at an indoor shooting range while participating in a qualification course to renew his Carry Concealed handgun permit at the Placer Sporting Club in Roseville, California.
The judge rejected New York’s request for a two-week stay in the ruling, despite the state Attorney General’s office filing an appeal. The judge’s reasoning was that the state is unlikely to succeed on the merits.
According to Sinatra, property owners retain the right to prohibit legal gun owners from carrying firearms on their premises. However, he also argues that the state cannot unilaterally exercise this right and infringe upon the well-established Second Amendment rights of law-abiding citizens who wish to carry guns for self-defense in public areas of private property.
The Concealed Carry Improvement Act was enacted by Governor Kathy Hochul, a Democrat, in July 2022, as a response to a Supreme Court ruling that deemed the state’s existing concealed carry permit requirements unconstitutional. In December of the previous year, the U.S. Court of Appeals for the Second Circuit blocked certain provisions of the law from being implemented. However, it did uphold a contentious mandate that concealed carry permit applicants must exhibit good moral character and disclose household and family members on their application.
The appellate court upheld the prohibition on concealed carry in designated “sensitive areas,” such as theaters, bars, public parks, and other similar locations.
Hochul has recently given her signature to the Concealed Carry Improvement Act, a legislation that imposes limitations on the locations where licensed gun owners are allowed to carry concealed firearms.
Gun rights activists have expressed their praise for Sinatra’s decision, considering it as a significant triumph for Second Amendment rights. Brandon Combs, the president of the Firearms Policy Coalition, stated, “This victory is a blow to authoritarian governments in New York and radical anti-rights organizations like Everytown and Giffords.”
“We will persist in our efforts to uphold the complete extent of the right to possess and carry firearms across the United States. It is our hope that Kathy Hochul is prepared to provide further financial support for legal expenses,” he remarked confidently.
The request for comment made to the New York Attorney General’s office has not received an immediate response.
Earlier this week, Hochul proudly marked the achievements of her administration’s gun control policies by stating that gun violence in New York State has witnessed a significant decrease of 47 percent since she assumed office in 2021.
Gun rights advocates are celebrating a significant victory after a federal appeals court dealt a blow to New York’s concealed carry law. The ruling has been hailed as a major win for those who support the right to bear arms.
A federal judge declared that New York’s prohibition on licensed firearms owners carrying concealed weapons on private property was unconstitutional.
During her speech, Hochul highlighted the consequences that unfolded when the Supreme Court invalidated the laws against concealed carry weapons, thereby diminishing the governor’s authority to protect the state’s citizens. However, she emphasized that instead of conceding defeat, they rose to the challenge and fiercely resisted the decision.
“We took decisive action by implementing new legislation and enacting a prohibition on carrying concealed weapons in sensitive areas. In my opinion, every location should be considered sensitive. We carefully delineated the boundaries and determined which areas warrant this designation, and thus far, our efforts have proven successful.”
Gun rights groups argue that Hochul is wrong, pointing to Sinatra’s decision as evidence.
Bill Sack, the director of Legal Operations for the Second Amendment Foundation, expressed his firm belief that the carry restrictions in New York, known as the ‘sensitive place’ restrictions, are unconstitutional. He emphatically stated, “Hard stop.” Sack further expressed his delight at the court’s agreement with their stance and their rejection of the ban, which he described as both amoral and unlawful.