NEW YORK (AP - MODIFIED) — New York can continue to enforce laws banning firearms in sensitive locations and require that handgun owners be of “good moral character,” a federal appeals court ruled Friday in its first broad review of a host of new gun rules passed in the state after a landmark Supreme Court ruling last year.
But in a 261-page decision, a three-judge panel of the 2nd U.S. Circuit Court of appeals also blocked some aspects of New York's new gun licensing rules, including a requirement that applicants turn over a list of their social media accounts.
The court also said the state can't enforce part of the law that made it a crime to carry a concealed gun onto private property without the express consent of the owner — a restriction that would have kept guns out of places like shops, supermarkets and restaurants unless the proprietor put a sign up saying guns were welcome.
The ruling by the appeals court was at an early stage of a legal battle seen as eventually likely to wind up before the Supreme Court again after the court in 2022 struck down New York's old rules for getting a license to carry a handgun outside the home. For decades, the ability to legally carry guns in public had been restricted only to people who could show they had a special need for protection.
State officials responded by crafting legislation that was intended to open the door to more people getting a handgun license, but simultaneously put a host of new restrictions on where guns could be carried. Lawmakers banned them in places including public playgrounds and schools, theaters, places that serve alcohol and buses and airports.
Multiple lawsuits were filed challenging the rules, leading to a series of lower court decisions upholding some of New York's new law but decreeing that other aspects were unconstitutional.
In its ruling, the judges wrote that it was “not facially unconstitutional” for the state to require that applicants for a license to carry a handgun be of good moral character.
“A reasoned denial of a carry license to a person who, if armed, would pose a danger to themselves, others, or to the public is consistent with the well-recognized historical tradition of preventing dangerous individuals from possessing weapons,” the court wrote.
But the court stopped the state from requiring that people turn over a list of all social media accounts an applicant maintained over the past three years.
“Although the review of public social media posts by a licensing officer poses no constitutional difficulties, requiring applicants to disclose even pseudonymous names under which they post online imposes an impermissible infringement on Second Amendment rights that is unsupported by analogues in the historical record and moreover presents serious First Amendment concern,” the court wrote.
New York Gov. Kathy Hochul called the 2nd Circuit decision a victory and released the following statement:
"In the wake of a reckless Supreme Court decision that stripped away a key tool I had as Governor to protect New Yorkers from gun violence, I worked with the Legislature to craft nation-leading concealed carry laws to protect public safety. These laws instituted common-sense protections to strengthen background checks, protect sensitive locations, and ensure permits are issued responsibly. Now, even after a year of legal assault from right-wing extremists, core tenets of our laws remain in effect following today's ruling from the United States Court of Appeals for the Second Circuit. Public safety is my top priority, and I'll continue my efforts to keep New Yorkers safe."
New York Attorney General Letitia James also released the following statement:
“Today's decision to permit the state to enforce critical provisions of the Concealed Carry Improvement Act as the court process moves forward will help keep New Yorkers safe. This commonsense law was enacted to keep guns out of dangerous hands and away from schools, hospitals, parks, public transportation, and other sensitive locations. My office will continue to defend New York’s gun laws and use every tool to protect New Yorkers from senseless gun violence.”
