Unable to ban guns outright and confiscate all in circulation, anti-gunners in recent years have busily chipped away at Second Amendment rights until there are large swaths of the nation where they are virtually null and void.
A common tactic by this group is to designate vast tracts of public spaces and buildings as “sensitive,” in effect stripping carry rights away from law-abiding citizens.
Unfortunately, that status will remain unchanged in New York for the near future after Friday’s ruling by the 2nd U.S. Circuit Court of Appeals.
New York’s controversial gun control regime withstood its latest challenge
Three private citizens brought suit against the so-called “Concealed Carry Improvement Act” (CCIA). The plaintiffs challenged several pillars of the New York gun control regime.
They included the ban on carrying firearms in Times Square as well as the subway and rail systems, along with the blanket prohibition on open carry. Furthermore, the three individuals opposed the requirement that even licensed gun owners must obtain a separate permit for New York City.
Appeals Court leaned on “precedent” to justify ruling
The plaintiffs’ request for an injunction first went before U.S. District Judge Nelson Stephen Roman in 2023, and he rejected it. This year’s appeal for a preliminary injunction was also shot down by the three judges on the appeals court panel.
Interestingly, the judges cited 2022’s Supreme Court Bruen decision as justification.
The three determined that New York’s gun control laws are supported by the “historical tradition of gun regulations and, thus, do not violate the Second Amendment.”
The court apparently believed that past regulations on carrying firearms at fairs and other public gatherings justified the current regime. The Empire State law is yet another example of low-hanging fruit waiting for the high court to step in and provide clarity.
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