Partial Victory Against NY’s Misnamed “Concealed Carry Improvement Act”
We finally have an update for you on our lawsuit against the badly named Concealed Carry Improvement Act (CCIA) in New York!
This past Friday, GOA secured a partial—yet significant—victory in our legal fight to repeal the onerous concealed carry restrictions enacted by Gov. Kathy Hochul.
This battle is not yet over, as GOA plans to take this case all the way to the Supreme Court if necessary.
This fight has been a long, drawn-out battle that began in the summer of last year.
In July of 2022, despite the Supreme Court decision in the Bruen case stating that New York’s draconian “may issue” permitting system was unconstitutional, your State Legislators and Governor Kathy Hochul passed and signed into law the “Concealed Carry Improvement Act,” which does anything but improve your right to carry a concealed handgun.
The CCIA included:
- Additional “Gun Free” zones — creating more soft targets in vulnerable places so that a criminal will feel more comfortable to attack.
- A ban on carrying guns on public transport and churches.
- Mandated 16 hours of classroom training and two hours of live fire training simply to apply for a permit to carry.
- A requirement to provide to a licensing official your last 3 years of social media history in order to apply for a permit to carry.
- A requirement to attend an in-person interview and provide references in order to apply for a permit to carry.
GOA immediately promised to fight this and announced our lawsuit a short time later.
And in October of 2022, GOA secured a Temporary Restraining Order on the CCIA, and a month later, secured a preliminary injunction.
Finally, after many months of waiting and trying to keep your questions answered, we have a new update.
The following provisions on New York’s law are enjoined (struck down) under this ruling:
- The requirement that applicants disclose social media accounts to a licensing official.
- The restrictions on concealed carrying on private property that is accessible to the public.
- In light of the previous injunction, New York amended its state law to allow those “responsible for security” to carry in houses of worship.
Frustratingly, the Second Circuit failed to faithfully apply Bruen, having left the “good moral character” requirement in place for those seeking a concealed carry permit. Additionally, much of the court’s opinion reads like a repudiation of Bruen, finding ways to claim its holdings don’t apply here.
We have been getting a lot of questions about where you can and cannot carry in NY after this, so here is a list that will help guide you while exercising your Second Amendment rights.
- You CAN conceal carry with a New York permit:
- On private property that is open to the public and contains no signage prohibiting firearms, such as privately owned stores and businesses.
- In houses of worship, ONLY if you are “responsible for security” in that house of worship.
- You CANNOT conceal carry even with a New York permit:
- At bars or restaurants which serve alcohol.
- At a doctor’s office.
- At schools, parks, playgrounds, or libraries.
- At a zoo.
- At a friend or neighbor’s house unless you have permission.
- Sporting events, theaters, museums.
- Polling places.
To see the full list on the New York website, click here.
As you can see, the list of prohibited places is still much longer than the list of places you are allowed to carry, and as such, this ruling is not a complete victory.
But GOA and its attorneys will continue fighting until all of the CCIA is repealed and New Yorkers are freed from the bonds of gun control laws which defy the Second Amendment and multiple Supreme Court decisions.
Thank you for your support and activism – we will continue fighting for the rights of all law-abiding New Yorkers!