FED. JUDGE SAYS NY’S PRIVATE PROPERTY CARRY RESTRICTION IS UNCONSTITUTIONAL

A federal district court judge in New York has ruled that the state’s restriction against concealed carry on private property open to the public is unconstitutional, handing a victory to the Second Amendment Foundation in a case known as Christian v. James.

U.S. District Judge John L. Sinatra, Jr. issued a 43-page decision in which he observed, “The Nation’s historical traditions have not countenanced such a curtailment of the right to keep and bear arms. Indeed, the right to self-defense is equally important—and equally recognized—on then vast swaths of private property open to the public across New York State.”

Judge Sinatra further wrote, “The State maintains there is ‘extensive historical support spanning the colonial era to Reconstruction and beyond that forbade carrying guns onto others’ property without their permission. But the State fails, on this historical record, to demonstrate that the challenged restriction is ‘consist[ant] with a well-established and representative National tradition.”

SAF is joined by the Firearms Policy Coalition and Brett Christian, for whom the case is named.

“As we’ve said all along, the ‘sensitive place’ carry restrictions imposed by New York post-Bruen are unconstitutional. Hard stop,” said SAF Director of Legal Operations Bill Sack. “We are thrilled that once again, the courts have agreed, and sent this amoral and unlawful ban packing.”

“We are delighted with Judge Sinatra’s ruling,” said SAF founder and Executive Vice President Alan M. Gottlieb. “Once again, Empire State anti-gunners have been held in check by a judge who understands the Second Amendment is not a second-class right. The State tried to perpetuate its virtual ban on legal carry by prohibiting firearms on all private property open to the public for whatever reason, and the judge correctly said this restriction does not pass constitutional muster.”