Federal court upholds New York’s ban on carrying guns in sensitive places

New York — A recent Supreme Court decision doesn’t mean New York can’t enforce laws banning firearms in “sensitive” places like public transportation, hospitals and schools, a federal appeals court said Thursday, reiterating findings it made a year ago .

The 2nd U.S. Circuit Court of Appeals in Manhattan wrote that it complied with the Supreme Court’s request to review its December 2023 decision in light of the Supreme Court’s June ruling in another gun case.

The Supreme Court also asked seven other state and federal courts to review their rulings, the Second Circuit noted.

The appeals court said the Supreme Court case involved firearms laws that were “completely different” from New York’s.

Last December, a three-judge panel of the Second Circuit found that New York could continue to enforce laws banning firearms in 20 categories of “sensitive” locations and could require handgun owners to be of “good moral character.”

It also stopped requiring people applying for handgun licenses to disclose their social media accounts and blocked a ban on carrying concealed weapons in places such as stores, supermarkets and restaurants.

In 2022, the Supreme Court struck down old New York laws that restricted carrying guns outside the home only to people who could demonstrate they had a special need for protection.

Following this decision, New York passed the Firearms Act, which made it easier for more people to obtain handgun permits, but also limited where they could carry them. The bill, which was passed after a white supremacist murdered 10 Black people at a Buffalo supermarket, also banned guns in places such as zoos, playgrounds, schools, theaters, bars, polling places, buses and airports.

In a footnote, the Second Circuit said its ruling came “at a very early stage in the proceedings.”

He stated that his decision does not determine the final constitutionality of the challenged aspects of the law, because the provisions must now be subjected to further argumentation by lawyers along with historical analysis and any evidence discovered in the course of the case.

Gov. Kathy Hochul said in a statement that the appeals court upheld the “common sense measure” she signed two years ago.

She said the law is “saving lives across New York” and has contributed to New York having one of the lowest gun death rates in the nation.

Gun Owners of America, a lobbying organization involved in the dispute, called Thursday’s decision “an extremely frustrating ruling.”

“The Second Circuit Court got it wrong the first time, SCOTUS told them so and tried again, and this nearly identical ruling is a slap in the face to the judges and every gun owner across New York,” Erich Pratt, senior vice president of the President Group, said in a statement .

Paredes himself, speaking on behalf of the group’s board, said the group could again seek intervention from the Supreme Court.

“This ruling will continue to leave innocent New Yorkers defenseless who simply want to be able to protect themselves and their loved ones,” he said.

New York Attorney General Letitia James said in a statement that the ruling represents “another victory in our efforts to protect all New Yorkers from the scourge of gun violence.”

She added: “After repeated attempts to weaken our gun safety laws, we have once again prevailed.”

David Pucino, legal director of the Giffords Law Center to Prevent Gun Violence, a gun safety group that also filed papers in the case, said the ruling shows that “the Second Circuit has had it before and the Second Circuit has it now “.

“Gun safety laws remain constitutional because they are consistent with our history and tradition,” he added.