Second Amendment activists New York scored another victory Thursday against sweeping gun control measures.
A federal judge says a recently enacted state law that prohibits licensed firearm owners from carrying concealed weapons on all private property unless the owner permits the weapon with a sign or express consent violates the constitutional right to keep and carry weapons.
“At least with respect to private property open to the public (the subject of this motion), New York’s restrictions are unconstitutional,” wrote U.S. District Court Judge John Sinatra Jr., a Trump appointee.
“Regulation in this area is permitted only if the government demonstrates that the new law is consistent with the country's historical tradition of substantially similar regulation,” the judge wrote, citing recent Supreme Court precedent. “New York fails that test here.”
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A man fires his pistol at an indoor shooting range during a qualification course to renew his concealed weapons license at Placer Sporting Club in Roseville, California. (AP)
The judge also denied New York's motion The state attorney general's office asked for a two-week stay on the ruling while it filed an appeal, arguing the state is unlikely to succeed on the merits.
Sinatra said property owners have the right to prevent legal gun owners from carrying firearms on their property. “But the state cannot unilaterally assert that right and thereby interfere with the long-established Second Amendment rights of law-abiding citizens who wish to practice self-defense on private property open to the public.”
The Concealed Carry Improvement Act, signed by Democratic Governor Cathy Hochul in July 2022, was passed in response to a Supreme Court ruling that declared the state's previous concealed carry permit requirements unconstitutional. Last December, the U.S. Court of Appeals for the Second Circuit blocked several provisions of the law from going into effect, although it upheld a controversial requirement that concealed carry permit applicants demonstrate good moral character and disclose to family and members of the household in authorization requests.
The appeals court also allowed the lifting of the ban on concealed carry in so-called “sensitive locations,” including theaters, bars, public parks and other locations.
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Hochul signed the Concealed Carry Improvement Act, which limits the amount of licensed concealed weapons firearm owners can carry. (Getty Images)
Gun rights activists applauded Sinatra's decision. Brandon Coombs, president of the Firearm Policy Coalition, said: “This is another important victory for Second Amendment rights and another major loss for New York, the authoritarian government and radical anti-rights organizations like Everytown and Gifford.”
“We will continue to fight as we work to restore the full scope of the right to keep and bear arms throughout the United States. We hope Cathy Hochul is ready to write another check for legal fees,” he added.
The New York Attorney General's Office did not immediately respond to a request for comment.
Earlier this week, Hochul celebrated his administration's gun control policies, announcing that gun violence in New York state has dropped 47 percent since he took office in 2021.
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A federal judge has ruled that the ban on licensed firearm owners carrying concealed weapons on all private property is unconstitutional. (spxChrome)
“And you all know what happened when the Supreme Court struck down the laws against concealed carry, taking away the power of the governor of this state to keep his citizens safe. And we reacted by surrendering,” Hachul said.
“We doubled down. We introduce laws. And we prohibit weapons hidden in sensitive locations. Personally, I think every place is sensitive, right? Okay, okay, we draw the line, okay? We decide what is sensitive. was, and so far we are fine.”
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However, gun rights groups argue that Sinatra's decision shows Hochul is wrong.
“As we have always said, the restrictions on 'sensitive space' imposed by post-Bruin New York are unconstitutional. Period,” said Bill Sack, director of legal operations at the Second Amendment Foundation. “We are thrilled that, once again, the court agreed and rejected this unethical and illegal ban.”
