A federal appeals court has upheld New York’s law banning firearms in “sensitive” areas like Times Square and the subway, marking another legal victory for state-level gun restrictions. The ruling states that such areas can remain gun-free under historical precedent, despite challenges from gun owners.
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NEW YORK, NY (3-minute read) — A federal appeals court has ruled in favor of keeping New York’s strict firearm restrictions in place, reinforcing the state’s authority to designate areas like Times Square, the NYC subway system, and commuter trains as gun-free zones. The decision comes after a group of gun owners sued to challenge the 2022 Concealed Carry Improvement Act, arguing that its provisions violated their Second Amendment rights.
The lawsuit, led by Jason and Brianna Frey and William Sappe, focused on parts of the law that ban open carry, require permits in NYC, and designate iconic areas like Times Square as firearm-free. But the 2nd U.S. Circuit Court of Appeals sided with the state, concluding these rules fall in line with the nation’s long-standing traditions of gun regulation, especially in densely populated or vulnerable areas.
In a unanimous opinion, the judges emphasized that “there is perhaps no public place more quintessentially crowded than Times Square,” likening it to the historical marketplaces and public squares where firearm bans have long existed to prevent public disturbances and protect bystanders.
Though the ruling allows these restrictions to remain, it does not finalize the constitutionality of the law. The case has been sent back to a lower court for further proceedings, meaning additional challenges could emerge down the line.
While the intention behind restricting firearms in places like Times Square or subways may be to increase public safety, the reality is that these laws only disarm the very people who follow them; law-abiding gun owners. Criminals, by definition, don’t obey laws, and creating so-called “gun-free zones” does nothing to stop someone with bad intentions from carrying illegally.
Instead, it leaves responsible citizens defenseless in exactly the kinds of crowded, high-profile areas that could be targets for violence. These restrictions don’t make anyone safer; they create soft targets where people are unable to protect themselves or others. Lawful gun owners are often the ones best equipped and trained to respond to threats, but when they’re stripped of their right to carry, everyone in that space becomes more vulnerable, not less.
Safety Tip: If you’re traveling with a firearm, always research local laws beforehand. What may be legal in one state could lead to serious consequences in another, especially in places like New York, where firearm regulations are among the strictest in the country.
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