In a significant victory for gun rights activists, a federal appeals court has struck down several provisions of New York’s “Concealed Carry Improvement Act” (CCIA). The law, passed by Democrats last year, aimed to impose stricter regulations on concealed carry permits in response to a Supreme Court ruling declaring the state’s previous requirements unconstitutional. However, the court’s ruling blocked three key provisions of the law.
The first provision struck down by the court was the requirement for gun owners to disclose their social media accounts for review when applying for a concealed carry permit. This requirement was seen as an invasion of privacy by many gun rights activists. The court also blocked restrictions on carrying firearms on private property accessible to the public, as well as a restriction on concealed carry in houses of worship.
Despite these victories for gun rights activists, controversial parts of the law remain intact. This includes a requirement for applicants to demonstrate good moral character and disclose household and family members on their permit applications. Additionally, New York will still be allowed to enforce bans on concealed carry in “sensitive places” such as theaters, bars, public parks, and other spaces.
Gun rights activists praised the court’s decision but expressed disappointment that the entire law was not thrown out. Erich Pratt, Senior Vice President of Gun Owners of America (GOA), stated, “Governor Kathy Hochul and her cabal in Albany never seem to get the message, and in turn, GOA is proud to have played a major role in rebuking her unconstitutional law. Nevertheless, this was not a total victory, and we will continue the fight until this entire law is sent to the bowels of history where it belongs.”
This ruling is particularly significant as it is the first federal court decision to consider limits on where licensed gun owners can carry concealed firearms since the Supreme Court expanded gun rights in the New York State Rifle & Pistol Association, Inc. v. Bruen case in 2022. Justice Clarence Thomas wrote in that opinion that “the Second and Fourteenth Amendments protect an individual’s right to carry a handgun for self-defense outside the home.”
The consequences of the Supreme Court’s ruling have been far-reaching, impacting gun regulations in several states. However, the circuit court judges acknowledged that their ruling is not the final word on New York’s gun control law, as the case will continue in lower courts.
The court also addressed the requirement for concealed carry permit applicants to demonstrate “good moral character.” They argued that this requirement aligns with the nation’s historical traditions of firearms regulation and is a proxy for determining whether an applicant poses a danger to themselves, others, or public safety. They stated that not every denial based on “good moral character” will violate the Second Amendment, but there are avenues for as-applied challenges.
New York Attorney General Letitia James applauded the court’s decision, stating that it will help keep New Yorkers safe from gun violence. She emphasized that the Concealed Carry Improvement Act was enacted to keep guns out of dangerous hands and away from sensitive locations.
While gun rights activists celebrate this partial victory, the fight over New York’s concealed carry law is far from over. As the case progresses through the courts, the future of gun regulations in the state remains uncertain.
