The US Court of Appeals has invalidated sections of New York's 2022 gun law, striking down mandatory social media disclosures for concealed carry permits.
The U.S. Court of Appeals for the Second Circuit has invalidated certain sections of New York's 2022 gun law, particularly sections that require applicants for concealed carry permits to provide a list of their social media accounts.
The 261-page ruling by a three-judge panel also stops short of enforcing the ban on carrying concealed firearms on publicly accessible private property and houses of worship.
The court's decision follows last year's decision by the New York State Rifle & Pistol Association, Inc. v. Bruen, which invalidated a centuries-old state law banning carrying concealed firearms.
Conditioning concealed carry licenses on such disclosure imposes a burden on the right to bear arms that is without substantial analog in our nation's history or tradition of firearms regulation.
What is the Concealed Carry Reform Act?
New York's "Concealed Carry Improvement Act" mandated that gun license applicants submit a list of their social media accounts for the past three years for review by state officials.
Erich Pratt, senior vice president of Gun Owners of America, a leading gun rights organization, expressed satisfaction with the court's decision, saying, "Governor Hochul and his crew in Albany never got the message, and in turn, [Gun Owners of America] We are proud to have played a major role in rebuking this unconstitutional law. Still, it was not a complete victory, and we will continue to fight until this entire law is relegated to the depths of history, where it belongs.
'The court's opinion sounds like an insulting rebuke'
Gun Owners Foundation board member Sam Paredes expressed disappointment that the "good moral character" provision was retained.
“Disappointingly, the majority opinion of this Court sounds like a contemptuous rebuke of the Supreme Court, which is outrageous and cannot be allowed to stand. We are considering action in the High Court of the country.
The panel's judges defended their decision to retain the "good moral character" clause, arguing that it is consistent with the country's historical traditions of gun regulation. He explained that the definition of “character” in the “Concealed Carry Improvement Act” serves as an indicator of potential danger, assessing whether the applicant may pose a threat to self, others, or public safety.
The ruling acknowledges the widespread consensus that preventing dangerous individuals from possessing lethal weapons is a fundamental part of the country's culture of firearms regulation.
New York Attorney General Letitia James welcomed the court's decision to uphold provisions of the gun law she deemed "vital" to ensuring the safety of New Yorkers.
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