Federal Appeals Court Strikes Down New York Gun Law on Private Property

U.S. Court of Appeals for the Second Circuit ruled today that New York's Concealed Carry Improvement Act provision requiring explicit permission to carry firearms on private property open to the public is unconstitutional. The decision came in Christian v.

Keane. Judge Joseph Bianco wrote the opinion, joined by Judge Eunice Lee. The court found that the state did not meet its burden under the Supreme Court's 2022 Bruen decision to show that the restriction aligns with the nation's historical tradition of gun regulations.

The court upheld the law's prohibition on firearms in urban public parks. It determined that the state demonstrated the restriction is consistent with historical traditions of banning guns in such locations. The ruling applies to the plaintiffs' facial challenge.

The court declined to consider an as-applied challenge regarding rural parks because the plaintiffs did not raise that issue in the district court. Judge Steven Menashi dissented in part regarding the public parks provision.