Circuit Court Strikes Down New York’s Post-Bruen Vampire Rule Carry Ban

As part of the post-Bruen hissy fit that deep blue anti-gun states indulged in, a few enacted so-called vampire rules designed to all but eliminate lawful concealed carry. They couldn’t bear the thought of shall-issue permitting, so they enacted laws made all private property that’s open to the public off-limits to carriers unless owners posted signs explicitly allowing concealed carry there.

New York was, of course, among those imposing a vampire rule as a penalty to those who wanted to lawfully carry. They were then sued by gun rights orgs like the Second Amendment Foundation, Firearms Policy Coalition and others and an injunction was issued that blocked enforcement until the case could be heard. Today, a Second Circuit Court of Appeals three-judge panel ruled that the injunction stands because…

We conclude that the Private Property Provision, as applied to private property open to the public, is unconstitutional because the State did not carry its burden of demonstrating that the restriction falls within our Nation’s historical tradition of gun regulations, as required under the framework set forth in New York State Rifle & Pistol Association, Inc. v. Bruen.

The Second Amendment Foundation cheered the win . . .

In today’s ruling, the court affirmed the permanent injunction SAF won at the district court as it relates to carry on private property open to the public (aka the “Vampire rule”). In the same opinion, however, the court upheld the facial constitutionality of New York’s carry ban in parks, above SAF’s objections, and drawing a thoughtful dissent from the court.

“After the Bruen decision forced recalcitrant states like New York to issue carry permits to their residents, they responded by creating overlapping patchworks of ‘sensitive places’ in which even permitted carriers could not exercise their rights,” said SAF Senior Director of Legal Operations Bill Sack. “New York’s carry ban on private property open to the public – essentially all private businesses – was intended as the state’s next novel circumvention of the Second Amendment. We are thrilled the Second Circuit saw through this ruse and tossed the ban out on its rear end.” 

SAF is joined in the case by the Firearms Policy Coalition and Brett Christian, for whom the case is named. 

“While today’s ruling strikes down a key pillar of New York’s carry ban law, there’s still plenty of work to be done, including on the issue of carry in parks,” said SAF founder and Executive Vice President Alan M. Gottlieb. “The idealogues who think they can create ‘sensitive places’ to ban the legal carry of firearms should understand that SAF will continue to fight for the right to keep and bear arms for all Americans, just like we’ve done for more than five decades.” 

As SAF’s release noted, the panel upheld a portion of the law that designates public parks as “sensitive places” where concealed carry can be banned. That’s a loss (for now) but striking down the vampire rule — a de facto ban on most lawful concealed carry — was the far more important issue and a much bigger win.