In a significant victory for Second Amendment advocates, a federal judge has declared New York’s ban on licensed firearm owners carrying concealed weapons on all private property unconstitutional. The ruling, delivered by U.S. District Court Judge John Sinatra Jr., a Trump appointee, strikes a blow against the state’s expansive gun control regime.
Judge Sinatra determined that the recently enacted state law, which prohibits carrying concealed weapons on private property unless permitted by the owner, infringes on the right to keep and bear arms. He cited recent Supreme Court precedent, stating that such regulations are only permissible if the government demonstrates a historical tradition of similar restrictions.
“At least as to private property open to the public (the subject of this motion), New York’s restriction is unconstitutional,” Judge Sinatra wrote in his ruling.
The judge emphasized that while property owners retain the right to exclude legal gun owners from carrying firearms on their property, the state cannot unilaterally exercise that right to infringe upon the Second Amendment rights of law-abiding citizens who seek to carry for self-defense in public areas.
This ruling comes in response to the Concealed Carry Improvement Act, signed by Democratic Governor Kathy Hochul in July 2022. The act was passed as a reaction to the Supreme Court’s decision declaring the state’s previous concealed carry permitting requirements unconstitutional.
While a previous federal appeals court decision upheld some provisions of the law, including a requirement for concealed carry permit applicants to demonstrate good moral character, the court also blocked a ban on concealed carry in “sensitive places” such as theaters, bars, and public parks.
Gun rights groups have applauded the federal judge’s decision, labeling it a victory for Second Amendment rights.
“This is yet another important victory for Second Amendment rights and another major loss for New York, authoritarian governments, and radical anti-rights organizations like Everytown and Giffords,” said Brandon Combs, president of the Firearms Policy Coalition. “We will continue to fight forward as we work to restore the full scope of the right to keep and bear arms throughout the United States. Hopefully Kathy Hochul is ready to write another check for legal fees,” Combs added.
Governor Hochul, however, remains steadfast in her support for gun control measures and celebrated her administration’s efforts in reducing gun violence in New York State. She claimed that gun violence has decreased by 47% since she took office in 2021.
Despite her stance, gun rights groups argue that the judge’s ruling demonstrates that Hochul’s gun control policies are ineffective and unconstitutional.
“As we’ve said all along, the ‘sensitive place’ carry restrictions imposed by New York post-Bruen are unconstitutional. Hard stop,” said Bill Sack, director of Legal Operations for the Second Amendment Foundation. “We are thrilled that once again, the courts have agreed, and sent this amoral and unlawful ban packing.”
