Federal Judge Blocks New York Law Barring Firearm Carry on Private Property

Last updated on October 12th, 2024 at 09:12 am

A federal judge in New York, on Oct. 10, ruled against a state law barring concealed firearm carry on all publicly accessible private property where the property owner hasn’t given his explicit consent to carry.

The issue before the court stems from a law passed by the state of New York in July of 2022, aiming to restrict the number of places individuals in the state could practice their concealed carry rights. The New York law was itself a response to the U.S. Supreme Court’s ruling in N.Y. State Rifle & Pistol Association v. Bruen, in which the high court ruled states could not rely on subjective criteria for granting firearm carry licenses.

Part of New York’s Bruen response law entailed expanding the list of places in which firearm carry was to be prohibited, including numerous public venues, and private property open to the public. The new law states those who carried their firearms onto private property without the owner’s express prior consent, would be guilty of a Class E felony in the state. An owner of private property open to the public would have to post a notice permitting firearm carry on their property, otherwise it would be presumed they do not consent to people carrying firearms on their property.

Gun rights advocates have come to refer to the consent requirement as the “vampire rule.”

Individual plaintiffs John Boron and Brett Christian challenged New York’s Bruen response law. The Firearms Policy Coalition (FPC) and the Second Amendment Foundation (SAF) joined the individual plaintiffs in their case.

The plaintiffs argued the private property rule makes carrying a firearm for the purpose of self-defense impractical.

In a 43-page summary judgement, U.S. District Judge John L. Sinatra, Jr. of the U.S. District Court for New York’s Western District, ruled in favor of the plaintiffs. Sinatra permanently enjoined New York authorities from enforcing the so-called “vampire rule.”

“The right to self-defense is equally important-and equally recognized-on the vast swaths of private property open to the public across New York State,” Sinatra wrote.

Sinatra further concluded private property owners could still bar unwanted firearm carry on their property through by posting their own proactive notice against such carry.

“Property owners have the right to exclude. But the state may not unilaterally exercise that right and, thereby, interfere with the long-established Second Amendment rights of law-abiding citizens who seek to carry for self-defense on private property open to the public,” the judge wrote.

Sinatra also denied requests from the state that he stay his decision while they appeal his ruling.

Gun rights advocates celebrated the ruling.

“This is yet another important victory for Second Amendment rights and another major loss for New York, authoritarian governments, and radical anti-rights organizations,” FPC President Brandon Combs said Thursday.

“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,” SAF founder and Executive Vice President Alan M. Gottlieb said.