Federal appeals court upholds New York's ban on guns in sensitive places

A federal appeals court in New York says a recent Supreme Court decision does not alter its conclusion that New York can enforce laws banning firearms in sensitive locations

Subway Gun Scanners (Marc A. Hermann / MTA)

A recent Supreme Court decision doesn't mean New York can't enforce laws banning firearms from “sensitive” places such as public transportation, hospitals and schools, a federal appeals court said Thursday, repeating findings it made a year ago.

The 2nd U.S. Circuit Court of Appeals in Manhattan wrote that it had complied with a high court request that it review its December 2023 decision in light of a June ruling by the Supreme Court in another gun case.

The Supreme Court also asked seven other state and federal courts to reexamine their decisions, the 2nd Circuit noted.

The appeals court said the Supreme Court case involved a regulation of firearms “quite different” than New York’s.

Last December, a three-judge panel of the 2nd Circuit said New York could continue enforcing laws banning firearms in 20 categories of “sensitive” locations and could require handgun owners to be of “good moral character.”

It also disallowed a requirement that handgun license applicants reveal their social media accounts and blocked a ban on concealed weapons in places such as shops, supermarkets and restaurants.

In 2022, the Supreme Court struck down New York's old rules, which had restricted guns being carried outside the home to people who could show they had a special need for protection.

A New York gun law passed after that decision made it easier for more people to get handgun licenses but also restricted where guns could be carried. The law, which was passed after a white supremacist killed 10 Black people at a supermarket in Buffalo, also banned guns in places such as zoos, playgrounds, schools, theaters, bars, voting locations, buses and airports.

In a footnote, the 2nd Circuit said its ruling comes “at a very early stage of this litigation.”

It said its decision does not determine the ultimate constitutionality of the challenged aspects of the law because the provisions must now be subjected to further argument by lawyers along with historical analysis and any evidence unearthed as the case proceeds.

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

She said the law was “saving lives across New York” and was a factor in New York having one of the nation's lowest firearm mortality rates.

Gun Owners of America, a lobbying organization involved in the litigation, called Thursday's decision “an incredibly frustrating ruling.”

"The Second Circuit got it wrong the first time, SCOTUS told them so and said try again, and this nearly identical ruling is a slap in the face to the Justices and every gun owner across New York,” Erich Pratt, the group's senior vice president, said in a statement.

Sam Paredes, speaking on behalf of the group's board, said it might again ask the Supreme Court to intercede.

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

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

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

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

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

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Associated Press writer Michael Hill in Albany contributed to this report.