Two Federal Judges Say New York’s Presumptive Prohibition of Guns on Private Property is Unconstitutional

The state’s ban applies unless the property owner posts a sign allowing firearms or otherwise gives “express consent.”

by Jacob Sullum

After the Supreme Court upheld the right to bear arms last June, New York legislators perversely responded by imposing sweeping new restrictions on public possession of guns, banning them from a long list of locations. The broadest of those categories was “private property,” including businesses as well as residences, where carry permit holders were forbidden to bring guns unless the owner had posted “clear and conspicuous signage” allowing them or had “otherwise given express consent.”

Yesterday a federal judge issued a preliminary injunction against enforcement of that provision, which had already been blocked by another judge. Both judges said New York had failed to show that the private property rule was “consistent with this Nation’s historical tradition of firearm regulation.” That is the constitutional test prescribed by the Supreme Court’s June 23 ruling in New York State Rifle and Pistol Association v. Bruen, which upheld the right to carry guns in public for self-defense and overturned New York’s requirement that residents show “proper cause” to exercise that right.

Continue Reading at…