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New York's blanket ban on concealed carry on private property ruled unconstitutional

Oct 15, 2024

A recently-passed New York State law that bars licensed firearms owners to carry concealed on all private property is unconstitutional, according to a federal judge.

The ruling down Thursday in the U.S. District Court Western District of New York follows a decision in December 2023 by the 2nd U.S. Circuit Court of Appeals.

The law makes it a felony for a concealed-carry license holder to carry their firearm on all private property--unless the property owner expressly allows it. District Court Judge John Sinatra Jr. writes that the state can't enforce this rule on private property that is open to the public.

New York State cannot enforce this part of the law, which also includes a ban on concealed-carry in "sensitive places," such as government property, religious institutions, healthcare facilities, parks, libraries, places serving alcohol, and others. The Court of Appeals in December upheld the sensitive locations clause but deferred other provisions back to lower courts.

READ MORE: NY's new concealed carry laws now in effect, what permit seekers need to know

Congresswoman Elise Stefanik applauded the Thursday decision.

The U.S. Supreme Court struck down a century-old rule in a 2022 ruling, making it easier for New York gun owners to apply for and obtain a concealed carry license. Since 1913, New York State law required anyone seeking a concealed-carry license to show "proper cause," or justification, to carry.

READ MORE: Extraordinary session called to craft gun safety legislation after Supreme Court ruling

Governor Hochul called state lawmakers back to Albany days after the ruling and within a month of the legislative session ending, to strengthen existing gun laws in response to the Supreme Court ruling.

READ MORE: NY's new concealed carry laws now in effect, what permit seekers need to knowREAD MORE: Extraordinary session called to craft gun safety legislation after Supreme Court ruling