Judge Rules N.Y. Concealed Carry Ban Unconstitutional

(Lawcain/Dreamstime)

A federal judge Thursday ruled unconstitutional a 2022 New York law that prohibits licensed gun owners from carrying a concealed firearm on private property open to the public unless the property owner expressly allows it.

It is yet another setback for the Democrat-controlled New York State Assembly which has continually been thwarted in attempts to pass gun-control legislation that passes constitutional muster. In a 6-3 ruling in June 2022, the U.S. Supreme Court struck down a New York handgun-licensing law that required residents who want to carry a handgun in public to show a special need to defend themselves.

Democrat Gov. Kathy Hochul called the State Assembly into a special session following the Supreme Court’s decision to strengthen existing gun laws.

On Thursday, U.S. District Judge John Sinatra Jr., a Donald Trump appointee in the Western District of New York, wrote in a 43-page ruling the state cannot enforce the law on private property that is open to the public.

“Regulation in this area is permissible only if the government demonstrates that the new enactment is consistent with the nation’s historical tradition of sufficiently analogous regulations,” Sinatra wrote. “New York fails that test here. Indeed, property owners have the right to exclude. But the state may not unilaterally exercise that right and, thereby, interfere with the long-established Second Amendment rights of law-abiding citizens who seek to carry for self-defense on private property open to the public.”

Plaintiffs in the case included a private citizen, Brett Christian, the Firearms Policy Coalition, and the Second Amendment Foundation.

“We are delighted with Judge Sinatra’s ruling,” said Alan Gottlieb, the founder and executive vice president of the Second Amendment Foundation, in a news release. “Once again, Empire State anti-gunners have been held in check by a judge who understands the Second Amendment is not a second-class right. The State tried to perpetuate its virtual ban on legal carry by prohibiting firearms on all private property open to the public for whatever reason, and the judge correctly said this restriction does not pass constitutional muster.”

According to court documents, Christian, a licensed gun owner from Cheektowaga, New York, challenged three provisions of New York’s Concealed Carry Improvement Act. Christian said he wanted to carry a firearm for self-defense purposes but was prevented to do so because of the law. In particular, the law prevented Christian from carrying for self-defense in local parks or when hiking on trails, and while using public transportation.

Sinatra also denied the state’s request for a 14-day stay pending appeal.

“Despite Kathy Hochul and radical New York Democrats’ repeated attempts to target law-abiding New York gun owners, today’s ruling from the Western District of New York delivers a win for New Yorkers’ Second Amendment rights, striking down Kathy Hochul’s unconstitutional overreach by simply applying recent common-sense rulings of the United States Supreme Court,” Rep. Elise Stefanik, R-N.Y., chair of the House Republican Conference, said in a news release. “When it comes to the Second Amendment, Kathy Hochul and New York Democrats refuse to follow the Constitution. I applaud today’s ruling and will always fight for the Second Amendment rights of law-abiding New Yorkers.”

Newsmax reached out to Hochul and Democrat New York Attorney General Letitia James for comment.