VICTORY FOR GUN SAFETY IN THE COURTS: Second Circuit Court of Appeals Upholds New York Law Keeping Guns Out of Parks

NEW YORK – In a victory for gun safety, the Second Circuit Court of Appeals issued a ruling today in Christian v. James, upholding New York’s law prohibiting guns in parks and conclusively rejecting an extreme challenge brought by the Firearms Policy Coalition, among other plaintiffs. The Second Circuit’s decision further confirms that common sense gun safety policies regulating the presence of firearms in sensitive places are constitutional.

“Today’s decision is a major victory for public safety and a stinging defeat for the gun lobby. By upholding New York’s parks law, the Second Circuit has made it clear that we have a right to protect our communities from the unique dangers of guns in sensitive places,” said Janet Carter, managing director of Second Amendment litigation at Everytown Law. “It’s time for gun extremists to accept what everyday Americans already know: our parks are built for community and recreation, not for lethal weapons.”

In the aftermath of the Supreme Court’s decision in NYSRPA v. Bruen, volunteers with Moms Demand Action and Students Demand Action called on their elected officials to pass legislation that would address the new dangers to gun safety resulting from that decision. Gun-sense legislators in a number of states, including New York, jumped into action and enacted legislation that strengthens the standards and requirements for obtaining a concealed-carry permit. They also established a list of locations where guns cannot be carried, including public parks. Gun-lobby groups and individuals immediately challenged the laws. Today’s ruling is another in a long string of defeats for those challenges. 

Today’s Second Circuit decision ruled unconstitutional only one aspect of the law, which makes carrying guns on private property held open to the public unlawful unless the property owner gives their consent. That issue is currently before the U.S. Supreme Court in Wolford v. Lopez.