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What You Need to Know About the United States Court of Appeals for the Second Circuit Decision Upholding New York’s Open Carry Ban and Prohibitions on Guns in Time Square, Public Transit  

9.19.2025

NEW YORK –  In a major victory for gun safety, the Second Circuit Court of Appeals issued a ruling today rejecting challenges to multiple common sense laws: New York’s ban on open carry of firearms, its prohibition on carrying firearms in Times Square and in public transit, and New York City’s licensing law. The Second Circuit’s decision further confirms that common sense licensing laws and gun safety policies regulating open carry and the presence of firearms in sensitive places are constitutional.

“Ask the average New Yorker if they want guns on the subway or in the bustle of Times Square, and the answer is unequivocally no. Nor do they want people carrying openly on our crowded streets. Today’s Second Circuit ruling is a major win for public safety across the city,” said Janet Carter, managing director of Second Amendment litigation at Everytown Law. “We’re pleased to see that the court has forcefully rejected these reckless challenges, which have no basis in the Second Amendment.”

Today’s ruling upheld New York’s open carry ban, just days after Florida Attorney General James Uthmeier announced that he would not challenge a state appellate court decision, McDaniels v. State of Florida, that mistakenly concluded that prohibiting open carry is unconstitutional.