A three-judge panel for the United States Court of Appeals for the Second Circuit has upheld the “sensitive area” provision of New York State’s Concealed Carry Improvement Act (CCIA).
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The CCIA bans the carrying of firearms in Times Square and on public transportation. Shortly after New York State lost at the Supreme Court in New York Rifle & Pistol Association v. Bruen, the state legislature held an emergency session to pass a response to the historic defeat. Because of Bruen, the Empire State’s “may issue” concealed firearms carry scheme was struck down as unconstitutional. SCOTUS stated that a gun law must be consistent with the text, tradition, and history of the Second Amendment from the founding era. All states had to become “must issue.” The court stated that certain areas could be designated as “sensitive,” such as court and government buildings, but the designation must be used sparingly. It cannot be applied simply because a large number of people gather in a location.
The CCIA did just that and banned firearms in Times Square because of the large number of people gathered there. Many other places were included in the law as “sensitive.” Various lawsuits have emerged, suing New York State over what some have called “thumbing their nose” at the Supreme Court due to the Bruen decision. One of the cases was Frey v. Cheng. The case challenged the CCIA provision that banned the carrying of guns in Times Square and the Subways.
At the District Court level, the judge ruled that the plaintiffs did not have standing to sue over the restrictions imposed by the CCIA. The plaintiffs appealed to the United States Court of Appeals for the Second Circuit. The case was assigned to a three-judge panel, which consisted of two Republicans and one Democratic judge. With a favorable makeup of the panel, many were hopeful for a pro-gun ruling.
Click the link to read the whole article: Second Circuit Upholds Sensitive Area Restrictions
