Federal Judge Rules NY Restrictions on Lawful Carry Unconstitutional

  • 22 Aug 2025
  • Colion Noir

Good news from a somewhat unlikely source came this week from a U.S. District Judge in New York concerning gun rights.

Mae A. D’Agostino ruled that the Empire State’s notorious gun control regime, which essentially prohibits non-residents from legally carrying firearms in the state, is unconstitutional. The case involved Second Amendment advocacy group Gun Owners of America and Newsmax host Carl Higbie.

No historical precedent exists to justify the NY prohibition on concealed carry by non-residents

D’Agostino determined that the Constitution protects the rights of law-abiding citizens to carry a weapon in New York even if they live elsewhere.

She wrote: “There is no dispute that Plaintiffs are not dangerous felons, nor are they subject to restraining orders. It is also uncontested that Plaintiffs do not seek to carry an uncommon, dangerous firearm, nor do they seek to carry a firearm in an established ‘sensitive place.”

There is also, D’Agostino concluded, no historical precedent to support such laws as demanded by the U.S. Supreme Court in 2022’s Bruen decision.

The Empire State’s oppressive gun control regime faces another strong challenge

Across the nation, gun rights advocates target states such as New York that are dominated by anti-gunners looking to eradicate the Second Amendment. This particular challenge fought New York’s flat refusal to accept applications for concealed carry from non-residents.

The Empire State also does not grant reciprocity for concealed carry license holders from elsewhere. This essentially means that Second Amendment rights for non-New Yorkers end at the border.

How is this even possible? Would the country tolerate having free speech or the right to worship as one chooses nullified by a rogue state? Of course not. 

New York, California, and their ilk should not be outliers where the Constitution is only partially in effect.There’s no better way to show your patriotism than with merch that speaks before you do.

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