The so-called “vampire rule” imposed by anti-gun states was never about public safety or disarming criminals.
Rather, because the law required civilians in possession of weapons to ask permission from public spots such as restaurants and stores before entering, it operated as a de facto gun ban. But an encouraging sign for another current challenge came from the Second Circuit Court of Appeals on Monday.
Judges upheld lower court ruling in a decisive 3-0 vote
In a unanimous ruling, the three-judge panel upheld a lower court ruling declaring New York state’s prohibition unconstitutional. The court rightly relied on law and precedent, including the 2022 Supreme Court’s Bruen decision, which requires modern gun control to be aligned with the nation’s history and tradition.
By any measure, the vampire rule has no place governing what law-abiding citizens do.
New York’s gun control regime suffered a damaging blow Monday
Judge Joseph Bianco wrote the unanimous opinion in Christian v. James. He correctly drew on the law to articulate the appeals court’s reasoning.
“We conclude that the Private Property Provision, as applied to private property open to the public, is unconstitutional because the State did not carry its burden of demonstrating that the restriction falls within our Nation’s historical tradition of gun regulations,” Bianco declared.
The vampire rule was quickly challenged by the Firearms Policy Coalition (FPC) and the Second Amendment Foundation (SAF). FPC President Brandon Combs took a moment to celebrate the successful effort.
“The FPC Grassroots Army put a stake in the heart of New York’s ‘vampire rule’ carry ban today,” Combs said in a press release. “We’ll keep fighting in this and other cases so people can defend their lives in these public places.”
Exactly. Disarming upstanding citizens makes a mockery of the Constitution.
And, if it was not already obvious, recent events across the nation provide convincing evidence of the need to be prepared when you walk out of your front door.
The initial success was two years in the making, but U.S. District Judge John Sinatra ruled in the plaintiffs’ favor and issued a permanent injunction. He concluded that there was insufficient historical evidence of such laws in the Founding Era.
It was not all milk and honey for the Second Amendment as the appeals court upheld New York’s prohibition on carry in public parks in a 2-1 decision.
The Second Circuit agreed with the state that there are enough historical precedents to justify the ban on carrying weapons in these locations.
But the main order of the day was a clear victory for gun rights. After the high court’s Bruen ruling, New York and a handful of other anti-2A states went on a high-volume temper tantrum and attempted to nullify the court’s determination.
The Empire State was already furious that its may-issue gun control protocol was thrown out, so it did the next best thing.
Even anti-gun radicals admitted that, under current law, there are very few spots where the good people may lawfully possess a firearm in New York. Some of the responses were mocking, but it is certain today that these same lawmakers are no longer amused.
Now all eyes turn to the upcoming Supreme Court decision on Hawaii’s nearly identical gun control law. An appeals court victory is encouraging, but the high court handing down a just and long-overdue ruling would be a major triumph.
Another victory would be a strong signal to anti-gunners that the law is not just what they say it is and that the Constitution and Supreme Court must be followed–-whether they agree with the results or not.
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