Second Amendment advocacy groups are taking aim at New York’s novel “sensitive locations” law barring people from carrying firearms in dozens of public places around the state, arguing it falls flat in the face of the Supreme Court‘s latest ruling over concealed carry permits in the state.
A lawsuit was filed Tuesday by the Second Amendment Foundation and the Firearms Policy Coalition, arguing the state’s law that took effect this month is “a de facto ban” on the right to carry firearms and violates the justices’ 6-3 ruling in June that struck down the state’s previous concealed carry law.
The new law “replaced one unconstitutional licensing scheme with another, and worse, implemented expansive new criminal laws that ban carry of firearms in so-called ‘sensitive locations’ and presumptively on most property in the state — even for those who lawfully acquire and possess a license under the state’s onerous new licensing scheme,” according to the groups’ complaint against New York State Police Superintendent Kevin Bruen.
In direct response to the Supreme Court’s summer ruling, Gov. Kathy Hochul on July 1 signed the Concealed Carry Improvement Act that criminalizes concealed carry of guns in churches, airports, Times Square, and other locations deemed to be sensitive places.
The law also requires people seeking a concealed carry license to pass a lengthy state-approved training program to demonstrate they have “good moral character,” among other stipulations, including turning over social media accounts for a background check.
The Supreme Court’s summer ruling in New York State Rifle & Pistol Association v. Bruen saw the Republican-appointed majority of justices comment on the prospect of sensitive location rules, contending that they are constitutional but only if imposed under a limited scope.
Justice Clarence Thomas wrote, “Expanding the category of ‘sensitive places’ simply to all places of public congregation that are not isolated from law enforcement defines the category of ‘sensitive places’ far too broadly … Put simply, there is no historical basis for New York to effectively declare the island of Manhattan a ‘sensitive place’ simply because it is crowded and protected generally by the New York City Police Department.”
“When single-party majorities enact poorly drafted, ill-conceived and unconstitutional legislation, FPC Law will step up and challenge them in the courts, as we have today in the Western District of New York,” Firearms Policy Coalition Director of Legal Operations Bill Sack wrote in a statement.
A previous lawsuit filed by Gun Owners of America against the recently enacted state law was thrown out by District Judge Glenn Suddaby one day before it took effect on Sept. 1. However, Suddaby noted an injunction against the law would likely prevail if brought by a different New Yorker, someone who is “too powerless to physically defend themselves in public without a handgun.”
Examples of potential challengers “include senior citizens, disabled people, and those who work late at night, especially in a city,” Suddaby added.
The Washington Examiner contacted the New York State Police Department for comment.
