Second Circuit – Second Amendment: Christian v. James

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United States Court of Appeals for the Second Circuit

Second Amendment — Concealed Carry Improvement Act — Nation’s historical tradition of regulation

Christian v. James

24-2847; 25-384

Judges Bianco, Menashi, and Lee

Background: Two appeals involve the plaintiffs’ Second Amendment challenge to New York’s Concealed Carry Improvement Act provisions prohibiting firearm possession on private property where a person knows or reasonably should know that the owner or lessee of such property has not permitted such possession by clear and conspicuous signage indicating that the carrying of guns on their property is permitted and at sensitive locations including public parks. The defendant was enjoined from enforcing the private property provision as applied to private property open to the public as unconstitutional, but summary judgment was granted in favor of the defendants on the public parks provision.

Ruling: The Second Circuit affirmed as applied to private property open to the public as unconstitutional because the state did not carry its burden of demonstrating that the restriction falls within our nation’s historical tradition of gun regulations. The Second Circuit also found the Public Parks Provision survives the plaintiff’s facial challenge because the State met its burden demonstrating our nation’s historical tradition of banning gun possession in urban public parks.

Peter A. Patterson, of Cooper & Kirk, for the plaintiffs-appellees and Plaintiffs-appellants; Sara Coco, assistant Solicitor General, for the defendant-appellant and defendant-appellee.

Oral argument audio