The Second Circuit Court of Appeals in Manhattan largely upheld portions of New York’s gun laws that say firearms can be barred in areas deemed sensitive like schools, public transportation and hospitals.
The federal appeals court ruled Thursday, like it did in December 2023, that provisions requiring a gun license applicant to “demonstrate good moral character” and disclosing requirements for household and family members on an application can remain in effect.
The court, however, again rejected a gun ban on private properties that are held open to the general public, like grocery stores and gas stations.
These statutes are part of the state’s Concealed Carry Improvement Act, which the New York Legislature passed in 2022 after the Supreme Court ruling in New York State Rifle and Pistol Association v. Bruen.
The Supreme Court asked the Second Circuit and other courts to reexamine their December 2023 ruling after the court ruled in June on a separate gun case.
“Today’s ruling by the United States Court of Appeals for the Second Circuit upholds the core tenets of the Concealed Carry Improvement Act, the common-sense measure I signed into law two years ago that is saving lives across New York,” Gov. Kathy Hochul said in a statement. “That’s one reason why New York continues to have one of the lowest firearm mortality rates of any state in the nation. Public safety is my top priority, and I’ll continue to fight gun violence and protect all New Yorkers.”
Gun Owners of America, involved in the case, called it “an incredibly frustrating ruling.”
“The Second Circuit got it wrong the first time, SCOTUS told them so and said try again, and this nearly identical ruling is a slap in the face to the Justices and every gun owner across New York,” said the organization’s vice president Erich Pratt in a press release. “We will continue the fight against Gov. Hochul and anti-gun legislators in Albany until New Yorkers can finally carry for self-defense without infringement."
David Pucino, legal director of the Giffords Law Center to Prevent Gun Violence, a gun safety group that also submitted papers in the case, said the ruling shows that the “Second Circuit had it right before and the Second Circuit has it right now.”
“Gun safety laws remain constitutional since they are consistent with our history and tradition,” he added.
The Associated Press contributed to this report.