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Federal Judge Rules NY’s Private Property Gun Ban Unconstitutional

A federal judge ruled that New York’s law restricting concealed carry on private property unless expressly permitted violates the Second Amendment. This decision marks a significant win for gun rights advocates, challenging the state’s Concealed Carry Improvement Act.


BUFFALO, NY (2-minute read) — Second Amendment activists secured another win against New York State’s stringent gun control laws. On Thursday, a federal judge ruled that the state’s ban on carrying concealed firearms on private property, unless expressly allowed by the owner, violated constitutional rights. U.S. District Court Judge John Sinatra, Jr. declared that New York’s restriction on licensed gun owners carrying firearms in public spaces that are privately owned is unconstitutional.

This decision comes in response to New York’s Concealed Carry Improvement Act, which was signed into law by Governor Kathy Hochul in July 2022. The act was passed after the Supreme Court declared New York’s previous concealed carry laws unconstitutional. Despite this, New York’s updated law included restrictions that made it illegal to carry firearms on all private property unless a sign or explicit consent was given.

Judge Sinatra emphasized that while private property owners can choose to ban firearms, the state does not have the authority to impose such a blanket prohibition. The judge highlighted that any regulations on firearms must align with historical legal traditions. In his ruling, Sinatra wrote that New York’s attempt to regulate this aspect failed to meet those standards.

This ruling blocks a portion of the law that affects public-facing private properties, and the judge rejected the state’s request to delay the decision while the Attorney General’s office files an appeal. This ruling follows other challenges to New York’s gun control measures, including provisions banning firearms in “sensitive places” like theaters and parks.

Governor Hochul, however, stood by her gun control measures, claiming they have contributed to a significant reduction in gun violence. She criticized the Supreme Court’s decision to strike down the state’s concealed carry requirements and expressed pride in the steps her administration has taken to mitigate the impact of firearms on public safety.

Despite these efforts, gun rights advocates maintain that laws like the Concealed Carry Improvement Act overreach by imposing unjustified limits on lawful gun owners.

Safety Tip: Always stay informed about changing firearm laws in your state, as they may impact where and how you can carry your firearm. Understand your rights and obligations as a concealed carry permit holder.

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