After getting its fat blue ass handed to it in Bruen, the political left and New York State in particular tried to squeeze gun control into a tighter pair of jeans than ever it could possibly fit. Add Heller, and there isn’t much room left in there for gun-grabbing neo-Marxists to fit all their bullshit.
Democrats are annoyingly persistent. Rights, like laws, are things the government defines in the moment, at its discretion, based on whether they will politically benefit. New York took the path of least resistance. Find as many places as possible where you could ban carrying, thereby making it impossible to lawfully carry, thereby avoiding passing it into or landing upon one of them.
Schools, colleges, daycares, post offices, public parks, hospitals, playgrounds, zoos, public transit, anywhere that serves alcohol, and everywhere that is public space but privately owned unless the owner explicitly advertises a right to carry.
That’s what was in the Concealed Carry Improvement Act. As in, we’ll act like this improves the lives of concealed carry permit holders, when what it does is make it impossible to carry anything anywhere but around your house.
I didn’t check to see if you needed to put up a sign saying it was okay to carry there, but I’m betting they’ve got judges in the (evil) Empire State who would consider the argument if it advanced a progressive political goal.
A host of interested parties sued (Christian v. Keane), and the Second Circus just decided some things.
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 (2022).
So, just because the Circle K doesn’t have a sign that says you can carry while you pump, it doesn’t mean it is against the law to carry concealed while getting gas or putting air in your tires. The owner is free to display a gun-free zone sign, but the State cannot make it a crime to carry on private property open to the public.
Not a total win, however.
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.
New York can restrict carry rights in town and city parks, while rural parks remain equally off limits, because that wasn’t something plaintiffs thought of until they got to the Fifth Circuit. It was added after 5C accepted the appeal, allowing the court to ignore it in case it might mess up their decision on Town/City parks, as the state government may regulate in this manner.
Concealed carry folk may not give a rat’s ass in either case. The entire point of carrying concealed is to appear not to be carrying at all. It is common knowledge that law-abiding gun owners ignore gun-free zone signs on doors to stores and restaurants, and despite thousands or hundreds of thousands of cumulative visits, no one is any the wiser.
I’m not saying I condone it, but I’ve always been partial to Walmart’s rule. You can carry all you want, just don’t let anyone see it. Concealed.
New York is, of course, one of those fargin bastages of a state like Massachusetts, which punishes acts of self-defense to protect criminals (another of many agendas meant to make carrying a firearm difficult, impossible, and financially disastrous). If you live there, you are at risk from the lawless and law enforcement.
Use your own judgment and make sure you have self-defense liability protection in the event of a situation. Another cost meant to make the free exercise of your Second Amendment rights untenable.
