VICTORY FOR GUN SAFETY IN THE COURTS: Second Circuit Court of Appeals Broadly Upholds New York’s Life-Saving Gun Safety Law

NEW YORK – Today, in a major victory for gun safety in the courts, the Second Circuit Court of Appeals ruled to broadly uphold New York’s Concealed Carry Improvement Act, life-saving legislation enacted in the aftermath of the Supreme Court’s decision in New York State Rifle & Pistol Association Inc. v. Bruen, that keeps guns out of sensitive places and strengthens licensing requirements for concealed carry in New York. 

Today’s decision from the Second Circuit, Antonyuk v. Chiumento, is the first Court of Appeals decision to evaluate a sensitive-places and carry-licensing law passed in the wake of Bruen, and establishes a critical precedent for other Second Amendment challenges. The Second Circuit broadly upheld New York’s carry-licensing regime and its prohibitions on guns in sensitive places, including in parks, zoos, bars and restaurants that serve alcohol, and theaters. The Court left the preliminary injunction in place only as to three provisions—one requiring disclosure of social media accounts as part of the licensing requirement; one prohibiting guns at places of worship; and one that would have required property owners to affirmatively consent to allowing guns on their premises.

“Keeping guns out of sensitive places and establishing basic permitting requirements for concealed carry is not only a common-sense approach to preventing gun violence in our communities, it is also entirely consistent with the Second Amendment and the new test that was established in Bruen,” said Eric Tirschwell, Executive Director of Everytown Law. “Today’s decision is not only a victory for public safety in New York, it also serves as a warning to the gun lobby as they continue their reckless campaign to upend our gun safety laws across the country. Those attempts should meet the same fate.”

“After the Supreme Court’s flawed decision in Bruen, our grassroots army immediately took action, working with gun sense lawmakers in New York to pass legislation that would keep guns out of sensitive places and strengthen our state’s licensing requirements for concealed carry,” said Alexis Gevanter, a volunteer with the New York chapter of Moms Demand Action. “Today’s decision from the Second Circuit Court of Appeals is an incredible victory for gun safety in our state and will ensure that we can continue to put the safety of our communities over the gun lobby’s ‘guns everywhere’ agenda.”

New York’s law, the Concealed Carry Improvement Act, was passed in 2022 in response to the Supreme Court’s decision in Bruen, a dangerous and misguided ruling striking down a key aspect of New York’s concealed carry law that had been on the books for more than 100 years. In the aftermath of the Bruen decision, New York and four other states passed legislation that would address the new dangers created by the Supreme Court’s flawed decision. In every instance, the gun lobby filed suit to block the measure.