Federal court blocks ban on guns at parks, approves other CCIA regulations

ALBANY, N.Y. (NEXSTAR) — On Thursday, a panel of three judges from the 2nd U.S. Circuit Court of Appeals upheld and rejected different parts of a lower court ruling in "Antonyuk v. Hochul," for short. The ruling had blocked over a dozen provisions of a New York gun control law, the Concealed Carry Improvement Act (CCIA), for violating the First and Second Amendments.

Gov. Kathy Hochul called it a win. "Gun safety laws save lives and keep our streets safer," she said in part. "Today’s ruling by the U.S. Court of Appeals for the 2nd Circuit upholds the core tenets of the Concealed Carry Improvement Act, the common-sense measure I signed into law two years ago that is saving lives across New York. That’s one reason why New York continues to have one of the lowest firearm mortality rates of any state in the nation.”

New York passed the CCIA in response to "Bruen," a Supreme Court ruling against a proper cause requirement to concealed carry. It also makes concealed-carry applicants meet a “good moral character” standard by interviewing with licensing officers, providing social media history, and undergoing safety training.

On appeal, the 2nd Circuit upheld some prohibitions on the CCIA, but they also decided that some of the plaintiffs lacked standing. Their 250-page ruling allowed some of the CCIA restrictions because the state had given enough historical precedents to justify them, meaning the plaintiffs couldn't prove them unconstitutional.

Justifying the law with a historical precedent became a requirement after another Supreme Court decision, June 2024's "U.S. v. Rahimi." It essentially ordered lawmakers and attorneys general to couch gun control measures within the traditions of historical law. To avoid violating the Constitution, the state had to show that an American municipality had previously ratified similar gun regulations for similar reasons.

If they find no direct historical "twin," courts can still compare past rules to determine if they’re still consistent today.

The 2nd Circuit had to adjust the approach to evaluating the CCIA in the wake of "Rahimi." Their decision focused on social media background checks for firearm permits, bans on guns in public and private spaces open to the public, and restrictions in “sensitive locations” like schools, parks, and places of worship.

A court ruling stated that New York’s ban on carrying firearms in public parks and zoos does not follow the country’s historical traditions of firearm regulation. The district court found that the state failed to prove its regulations were consistent with historical laws that protected public spaces, which often had restrictions to maintain safety in crowded areas.

The court upheld injunctions on social media disclosure requirements for permits and on carrying on private property open to the public, like stores. They also found that no historical laws clearly supported banning guns at public parks or zoos.

The court agreed with the plaintiffs that those restrictions were burdensome, did not address a long-standing issue, lacked historical context, and overstepped constitutional boundaries. But they also reversed the lower court decision on New York’s good moral character and catch-all requirements, ruling them in line with the Supreme Court's constitutionality requirements.

They also lifted the injunction on restricting firearms in places where people seek treatment for substance abuse or mental health issues. The court determined that it squared with historical regulations intending to protect the vulnerable among the population.

The 2nd Circuit also approved a ban on concealed carrying in liquor-licensed establishments—to keep crowds safe—finding similar prohibitions on the books from days gone by. And, vacating yet another injunction, they allowed New York to ban firearms in places of worship after state lawmakers amended the CCIA in May. Now that worship leaders can be armed for security, the justices decided that the Second Amendment challenge no longer held water.

“This decision is another victory in our effort to protect all New Yorkers from the scourge of gun violence," read a statement from Attorney General Letitia James. "After repeated attempts to weaken our gun safety regulations, once again we have prevailed.”

Take a look at the ruling below: