Appeals court keeps New York gun restrictions in place, including Times Square and subway ban

A federal appeals court on Friday upheld New York's gun restrictions, including prohibitions in Times Square and on the subway, rejecting a bid to block the state's Concealed Carry Improvement Act. The decision by the 2nd U.S. Circuit Court of Appeals affirmed a 2023 ruling that allowed the law to remain in effect after challenges from gun-rights plaintiffs.

The plaintiffs, Jason and Brianna Frey and William Sappe, had sought a preliminary injunction blocking enforcement of provisions in the law that establish Times Square as a Gun Free Zone, ban open carry, and require a special permit to carry firearms in New York City. U.S. District Judge Nelson Stephen Roman had rejected that request, and the appellate panel affirmed the lower court’s ruling, sending the case back to Roman for further proceedings while leaving the law in place.

The three-judge panel, consisting of Judges Robert D. Sack, Reena Raggi and Joseph F. Bianco, found that the challenged provisions fall within the country’s historical tradition of gun regulation and thus do not violate the Second Amendment. The court noted the dense flow of pedestrians in Times Square and described the area as a modern-day, electrified public space where the presence of firearms could be considered hazardous. The decision did not resolve the ultimate constitutionality of the provisions, but concluded the plaintiffs were unlikely to succeed at the merits stage and remanded the case for further proceedings in district court.

The Concealed Carry Improvement Act was signed in 2022 as New York rewrote its regulations in response to a Supreme Court ruling that struck down parts of the state’s prior approach to licensing for carrying handguns outside the home. Gov. Kathy Hochul and state lawmakers expanded permit requirements for concealed carry, including demonstrations of good moral character, disclosures about household members, in-person interviews, character references, and 16 hours of training. The act also tightened where guns can be carried, including restrictions in sensitive places and the ability for private property owners to post gun-free signs.

Last year, the 2nd Circuit upheld other portions of the measure, including the permit requirements and restrictions on carrying in sensitive places and on private property. The court left in place the provisions banning concealed carry in certain locations and allowing property owners to prohibit guns on their premises. Federal appeals courts across the country have ruled similarly in other states, including Hawaii and Virginia; on Sept. 10, the 3rd U.S. Circuit Court of Appeals upheld New Jersey’s ban on guns in sensitive places such as schools and large public gatherings, citing a historical tradition of regulation for certain discrete locations.

New York Attorney General Letitia James, whose office defended the law, said in a statement that the decision reinforces the right of New Yorkers to feel safe on public transportation and in public spaces, and that common-sense gun laws save lives. In a separate assessment, the plaintiffs’ counsel criticized the ruling as disappointing, arguing it reflects a perceived judicial deference to gun restrictions. The litigation remains active in the district court, where further proceedings will determine the ongoing balance between public safety and Second Amendment protections.