November 8, 2024 – U.S. District Judge John L. Sinatra Jr., has ruled that a key provision of New York’s 2022 Concealed Carry Improvement Act (CCIA) is unconstitutional. The provision at issue prohibited individuals with concealed carry permits from carrying firearms on private property open to the public, such as restaurants or stores, unless the property owner posted a sign expressly permitting firearms. Judge Sinatra found that this restriction violated the Second Amendment, citing U.S. Supreme Court precedents affirming the right to carry firearms for self-defense and the lack of similar historical laws restricting such access.
The ruling follows the Supreme Court’s 2022 decision in New York State Rifle & Pistol Association v. Bruen, which struck down New York’s prior law requiring applicants to demonstrate a “special need” for self-defense to even obtain a concealed carry permit. In response, New York passed the CCIA, imposing new restrictions, including the contested provision prohibiting carrying firearms on private property open to the public without express permission.
Judge Sinatra emphasized that the Second Amendment is not subject to “lesser rules” and that government restrictions must align with historical traditions of firearms regulation. The State maintained that there was “extensive historical support spanning the colonial era to Reconstruction and beyond that forbade carrying guns onto others’ property without their permission.” However, the Court held that the State failed with its historical record to “demonstrate that the challenged restriction is consist[ent] with a well-established and representative National tradition.” The court noted that the statutes from the 1700s cited by the State applied to specific, limited circumstances, not broad prohibitions like those in the CCIA, and regulations are permissible only if they are “consistent with the Nation’s historical tradition of sufficiently analogous regulations.”
While the ruling is a significant victory for gun rights advocates, the State may appeal. Following the decision, Gov. Kathy Hochul’s office released a statement saying that the governor “has made New York a leader in fighting gun violence” and the court’s decision will not “discourage her efforts to keep New Yorkers safe.” The decision follows a December 2023 ruling by the Second Circuit Court of Appeals that sent several challenges to the CCIA back to lower courts for further proceedings, leaving other provisions of the law intact, such as restrictions on firearms in “sensitive locations.” Since other states have passed laws using New York as a model, these decisions could have an impact on the right to carry around the country.
Renzulli Law Firm will continue to monitor the implementation of these laws, related litigation, and their potential impacts. If you have any questions about the laws, please contact John F. Renzulli or Christopher Renzulli.