NY's Message to Gun Owners: You Can
Have a Carry Permit. Good Luck Using It

By Jacob Sullum. Feb 27, 2023

"New York's Gun Laws Sow Confusion As Nation Rethinks Regulation," says the headline over this morning's lead story in The New York Times. But after implicitly (and correctly) blaming state legislators for the "confusion," the Times identifies a different culprit in the subhead: the Supreme Court's June 23 decision in New York State Rifle & Pistol Association v. Bruen, which "overturn[ed] century-old New York gun regulations" and "produced scores of new lawsuits," leaving "jurists and citizens" to "sort out what's legal."

In Bruen, the Court held that the right to bear arms guaranteed by the Second Amendment precludes states from requiring that residents "demonstrate a special need for self-protection distinguishable from that of the general community" before they are allowed to carry handguns outside their homes. The New York State Legislature responded with a law that eliminated the state's "proper cause" requirement for carry permits but simultaneously imposed new restrictions on public possession of firearms.

"Anticipating more gun-toting," Times reporter Jonah E. Bromwich says, the legislature "made certain areas off-limits to firearms." That gloss makes the new restrictions sound prudent and modest. In reality, they are so sweeping that they create a risk of felony charges for anyone who tries to exercise the right recognized in Bruen while engaging in quotidian activities. The Times barely hints at the breadth of New York's location-specific gun bans, which is crucial in understanding why federal judges have deemed many of them unconstitutional.

Next month, the U.S. Court of Appeals for the 2nd Circuit will hear several of those cases. The plaintiffs argue that New York has defied Bruen by making it very difficult for permit holders to legally carry guns for self-protection. .....