Albany, NY (WRGB) — 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.
“Regulation in this area is permissible only if the government demonstrates that the new enactment is consistent with the Nation’s historical tradition of sufficiently analogous regulations. New York fails that test here. Indeed, property owners have the right to exclude. But the state may not unilaterally exercise that right and, thereby, interfere with the long-established Second Amendment rights of law-abiding citizens who seek to carry for self-defense on private property open to the public,” writes Judge Sinatra.
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
“My office will continue to defend New York’s gun laws and use every tool to protect New Yorkers from senseless gun violence,” said NYS Attorney General Letitia James in December 2023.
Congresswoman Elise Stefanik applauded the Thursday decision.
“Despite Kathy Hochul and radical New York Democrats repeated attempts to target law-abiding New York gun owners, today’s ruling from the Western District of New York delivers a win for New Yorkers’ Second Amendment rights, striking down Kathy Hochul’s unconstitutional overreach by simply applying recent common sense rulings of the United States Supreme Court. When it comes to the Second Amendment, Kathy Hochul and New York Democrats refuse to follow the Constitution. I applaud today’s ruling and will always fight for the Second Amendment rights of law-abiding New Yorkers,” says Stefanik (R-NY 21) in a news release.
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.
