As they ring in 2024, New York’s concealed-carry pistol permit holders will have a little something to celebrate besides the start of the New Year.
A panel of federal judges recently struck down key parts of the state’s misnamed Concealed Carry Improvement Act, thus giving these law-abiding gun owners some of their constitutional rights back.
Unfortunately, though, in upholding other sections of the draconian law, the Second Circuit Court of Appeals split a baby that never should have been birthed in the first place.
Still, if you’re a gun owner in New York, where Democrats control all three branches of executive and legislative power, you take your victories where you can get them.
This one comes in the Second Circuit’s ruling striking down part of the law prohibiting concealed-carry in so-called “restricted” places open to the public. That catch-all provision would have banned permit holders from carrying their weapons anywhere in the state without the expressed consent of property owners, turning on its head the idea of a constitutional right actually guaranteeing the right to do something.
The three-judge panel also knocked down a ban on bringing guns into houses of worship.
On the other hand, the court upheld prohibitions on carrying in so-called “sensitive” locations such as government buildings, schools, theaters, parks and other places in a list too long to enumerate here but which includes practically anywhere people might congregate. The law, and the Second Circuit’s concurrence, means that only criminals will be able to carry guns in such places.
This split-the-baby approach could also be seen in other aspects of the ruling. For instance, it struck down a requirement that people applying for a permit give licensing officers access to their social media posts, including pseudonyms. The judges said such overreach violates Second Amendment rights while also presenting “serious First Amendment…
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