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2nd Circuit Keeps New York Gun Limits in Place, Citing Historical Tradition

The panel denied an injunction, leaving the laws’ final constitutionality for further proceedings.

Overview

  • The ruling keeps bans on firearms in designated sensitive places such as Times Square, the New York City subway, and commuter trains enforceable.
  • The court also left in effect the state’s prohibition on open carry and New York City’s special carry-permit requirement.
  • Judges Robert D. Sack, Reena Raggi, and Joseph F. Bianco found the challengers unlikely to succeed under the Supreme Court’s Bruen history test.
  • The panel affirmed the denial of a preliminary injunction and remanded the case to U.S. District Judge Nelson Stephen Roman for continued litigation.
  • Attorney General Letitia James praised the decision as supporting public safety, while plaintiffs’ lawyer Amy Bellantoni criticized the ruling and indicated further challenges.