Federal Appeals Court Strikes Down NY Gun Law
The U.S. Second Circuit Court of Appeals, based in New York City, struck down substantial parts of a New York state law as unconstitutionally infringing on the Second Amendment in an order issued last Friday.
The case focused on New York’s Concealed Carry Improvement Act (CCIA), which focuses primarily on the requirements citizens must meet to obtain a permit for concealed firearms carry. A central part of the CCIA unconstitutionally compelled applicants to disclose identifying information about their social media accounts.
The ruling focused on the explicit rights protected by the Second Amendment and general privacy rights enjoyed by all Americans. The court held in part: “Disclosing one’s social media accounts — including ones that are maintained pseudonymously — forfeits anonymity in that realm. Conditioning a concealed carry license on such a disclosure imposes a burden on the right to bear arms that is without sufficient analogue in our nation’s history or tradition of firearms regulation.”
New Yorkers don’t need to disclose social media accounts to carry a firearm, federal court rules https://t.co/xPicyvVHkJ pic.twitter.com/EkRyOH2km9
— New York Post (@nypost) December 9, 2023
The court did not strike down the CCIA in its entirety. Some requirements, including that applicants must demonstrate “good moral character,” were upheld. The court’s analysis suggested a historical precedent for the character requirement, stating, “The CCIA’s definition of ‘character’ is a proxy for dangerousness: whether the applicant, if licensed to carry a firearm, is likely to pose a danger to himself, others, or public safety.”
Early reactions to the decision have been mixed. Erich Pratt of Gun Owners of America expressed partial satisfaction but vowed to continue the legal battle. “Nevertheless, this was not a total victory, and we will continue the fight until this entire law is sent to the bowels of history where it belongs,” Pratt said.
In contrast, New York Attorney General Letitia James highlighted what the state sees as the positive aspects of the ruling, claiming, “Today’s decision to permit the state to enforce critical provisions of the Concealed Carry Improvement Act as the court process moves forward will help keep New Yorkers safe.”
As both parties now weigh the prospects of asking the Supreme Court to hear appeals of the parts of the ruling they disagree with, the case will be significant in the broader context of gun control debates nationwide. If the Second Circuit ruling stands, state legislatures around the country will likely draw on various parts of lengthy 260-plus-page opinion to support permissive or prohibitive measures.