CA2: 2nd Circuit Rules in 2 Challenges to NYS Concealed Carry Improvement Act (CCIA)
A 3 judge panel of the 2nd Circuit ruled on the permanently enjoined cases of BRETT CHRISTIAN, FIREARMS POLICY COALITION, INC., SECOND AMENDMENT FOUNDATION, & JOHN BORON v. STEVEN G. JAMES, IN HIS OFFICIAL CAPACITY AS SUPERINTENDENT OF THE NEW YORK STATE POLICE, MICHAEL J. KEANE, IN HIS OFFICIAL CAPACITY AS DISTRICT ATTORNEY FOR THE COUNTY OF ERIE, NEW YORK; & BRETT CHRISTIAN, FIREARMS POLICY COALITION, SECOND AMENDMENT FOUNDATION, JOHN BORON, v. STEVEN G. JAMES, MICHAEL J. KEANE, ACTING DISTRICT ATTORNEY, Nos. 24-2847; 25-384(Cases were enjoined at the SDNY).
Held: We conclude that the Private Property Provision, as applied to private property open to the public, is unconstitutional because the State did not carry its
burden of demonstrating that the restriction falls within our Nation’s historical tradition of gun regulations, as required under the framework set forth in New York State Rifle & Pistol Association, Inc. v. Bruen, 597 U.S. 1 (2022). On the other hand, we conclude that the Public Parks Provision survives Plaintiffs’ facial challenge because the State has carried its burden of showing that regulation is
consistent with our Nation’s historical tradition of banning gun possession in urban public parks. Finally, we decline to address any as-applied challenge to the
Public Parks Provision, to the extent it applies to rural parks, because Plaintiffs failed to raise that challenge in the district court.
Accordingly, we AFFIRM the permanent injunction against the Private Property Provision, as applied to private property open to the public, and AFFIRM the judgment in favor of the State on the Public Parks Provision.
Opinion: