NEW YORK (AP) — A recent Supreme Court decision doesn't mean New York can't enforce laws banning firearms from “sensitive” places such as public transportation, hospitals and schools, a federal appeals court said Thursday, repeating findings it made a year ago.
The 2nd U.S. Circuit Court of Appeals in Manhattan wrote that it had complied with a high court request that it review its December 2023 decision in light of a June ruling by the Supreme Court in another gun case.
The Supreme Court also asked seven other state and federal courts to reexamine their decisions, the 2nd Circuit noted.
The appeals court said the Supreme Court case involved a regulation of firearms “quite different” than New York’s.
Last December, a three-judge panel of the 2nd Circuit said New York could continue enforcing laws banning firearms in 20 categories of “sensitive” locations and could require handgun owners to be of “good moral character.”
It also disallowed a requirement that handgun license applicants reveal their social media accounts and blocked a ban on concealed weapons in places such as shops, supermarkets and restaurants.
In 2022, the Supreme Court struck down New York's old rules, which had restricted guns being carried outside the home to people who could show they had a special need for protection.
A New York gun law passed after that decision made it easier for more people to get handgun licenses but also restricted where guns could be carried. The law, which was passed after a white supremacist killed 10 Black people at a supermarket in Buffalo, also banned guns in places such as zoos, playgrounds, schools, theaters, bars, voting locations, buses and airports.
In a footnote, the 2nd Circuit said its ruling comes “at a very early stage of this litigation.”
It said its decision does not determine the ultimate constitutionality of the challenged aspects of the law because the provisions must now be subjected to further argument by lawyers along with historical analysis and any evidence unearthed as the case proceeds.
Gov. Kathy Hochul said in a statement that the appeals court upheld the “common-sense measure” she signed into law two years ago.
She said the law was “saving lives across New York” and was a factor in New York having one of the nation's lowest firearm mortality rates.
Gun Owners of America, a lobbying organization involved in the litigation, called Thursday's decision “an incredibly frustrating ruling.”
"The Second Circuit got it wrong the first time, SCOTUS told them so and said try again, and this nearly identical ruling is a slap in the face to the Justices and every gun owner across New York,” Erich Pratt, the group's senior vice president, said in a statement.
Sam Paredes, speaking on behalf of the group's board, said it might again ask the Supreme Court to intercede.
“This ruling will continue to leave innocent New Yorkers, who simply want the ability to protect themselves and their loved ones, defenseless," he said.
New York Attorney General Letitia James said in a statement that the ruling was “another victory in our effort to protect all New Yorkers from the scourge of gun violence.”
She added: “After repeated attempts to weaken our gun safety regulations, once again we have prevailed.”
David Pucino, legal director of the Giffords Law Center to Prevent Gun Violence, a gun safety group that also submitted papers in the case, said the ruling shows that the “Second Circuit had it right before and the Second Circuit has it right now.”
“Gun safety laws remain constitutional since they are consistent with our history and tradition,” he added.
Associated Press writer Michael Hill in Albany contributed to this report.
Federal appeals court upholds New York's ban on guns in sensitive places
FILE - In this image provided by The Metropolitan Transportation Authority (MTA), new weapon detectors that can be deployed at subway entrances are displayed during a news conference in New York, March 28, 2024. (Marc A. Hermann/Metropolitan Transportation Authority via AP, File)
Federal appeals court upholds New York's ban on guns in sensitive places
Tennessee (1-5) at Detroit (5-1)
Sunday, 1 p.m. EDT, FOX.
BetMGM NFL Odds: Lions by 11.
Against the spread: Titans 1-5; Lions 5-1.
Series record: Titans lead 10-3.
Last meeting: Titans beat Lions 46-25 on Dec. 20, 2020, in Nashville.
Last week: Titans lost 34-10 to Bills; Lions beat Vikings 31-29.
Titans offense: overall (31), rush (21), pass (32), scoring (T-25)
Titans defense: overall (1), rush (7), pass (3), scoring (21)
Lions offense: overall (2), rush (4), pass (3), scoring (3)
Lions defense: overall (18), rush (5), pass (27), scoring (9)
Turnover differential: Titans minus-9; Lions plus-6.
RB Tony Pollard. With QB Will Levis likely getting another week to rest his shoulder, Mason Rudolph is expected to make his second straight start and may lean on Pollard. He ran for 61 yards on 16 rushes last week and has 400 yards rushing in the first six games of a season for the first time in his career.
QB Jared Goff. He has joined Aaron Rodgers (2011), Kurt Warner (1999), Roger Staubach (1971) as the four players in league history to have a passer rating of 140 or better in three straight games. Goff has a chance to become the first to have a passer rating of 140 or better in four games in a row.
How the Titans' top-ranked defense fares against one of the league's best offenses will be pivotal. Tennessee forced the Bills to go three-and-out on their first three drives, allowing just 18 yards, then they scored 34 unanswered points. Goff has helped Detroit average 40 points over the past three games, directing a balanced offense.
Titans coach Brian Callahan said he's likely to give Levis a second straight game off to further heal up the sprained AC joint in his right, throwing shoulder hurt Sept. 30 in their lone win of the season in Miami. ... RB Tyjae Spears might have a chance to return from the injured hamstring that sidelined him last week. ... OT Jaelyn Duncan, who became the third different starting RT last week for the Titans, is out with a hamstring injury. ... Detroit may not miss any key player because of an injury after getting a scare in last week's game when RB David Montgomery hurt his knee.
This will be the Titans' third game at Ford Field and first since 2016. They won their first two games there and have won six straight going into this game. That's Tennessee's longest active winning streak against any opponent. This franchise has lost in Detroit to the Lions only once when the then-Houston Oilers lost 24-13 on Oct. 5, 1986.
Callahan was quarterbacks coach for the Lions in 2016 and 2017. ... The Titans held Buffalo to 74 yards rushing last week, the fewest they've allowed this season. ... The struggling Titans do one thing very well on offense by holding the ball for an average of 31:17 per game, ranking among league leaders in time of possession. ... The Titans have lost three games by a touchdown or less. ... Titans WR Calvin Ridley has had at least 40 yards receiving in two of three road games this season. ... WR Tyler Boyd had a season-high five catches for 43 yards last week. ... TE Chig Okonkwo had season-high 50 yards receiving last week. ... OLB Harold Landry has a TFL in five of six games this season and a sack in two of three road games. ... The defending NFC North champion Lions pulled into a first-place tie in the division with Minnesota and matched the best record in the conference with last week's win. ... The Lions are 5-1 in consecutive seasons for the first time since leaving Portsmouth, Ohio, in 1934 and have a chance to start 6-1 for the first time since 1956. ... Detroit is the only team since the merger to have more offensive touchdowns (18) than incomplete passes (16) in a four-game span. ... RB Jahmyr Gibbs is Detroit’s first player to average at least 5 yards a carry in five straight games with at least 10 rushing attempts. Gibbs is the first Lion to have 600 or more yards from scrimmage and six touchdowns in the first six games of a year since Hall of Famer Barry Sanders did it in 1991. ... Brian Branch is the first safety to have 10-plus passes defended and four INTs in the first five games of a season since 1999. ... Branch and Kerby Joseph are the first pair of players to have four INTs through the first six games of a season for the franchise since Hall of Famer Joe Schmidt and Bob Long did it for the Lions in 1958. ... Jack Fox ranks second among NFL punters all time with a 48.48 gross average and fourth with a net average of 42.74 yards.
Lions WR Amon-Ra St. Brown has caught a TD pass in four straight games and may get even more targets this week with WR Jameson Williams not fighting his two-game suspension.
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Tennessee Titans wide receiver Nick Westbrook-Ikhine, second from right, celebrates a touchdown with teammates during the first half of an NFL football game against the Buffalo Bills, Sunday, Oct. 20, 2024, in Orchard Park, N.Y. (AP Photo/Charles Krupa)
Detroit Lions wide receiver Kalif Raymond (11) catches a 21-yard touchdown pass against the Minnesota Vikings during the second half of an NFL football game Sunday, Oct. 20, 2024, in Minneapolis. (AP Photo/Bruce Kluckhohn)
Buffalo Bills quarterback Josh Allen (17) is tackled by the Tennessee Titans defense during the first half of an NFL football game Sunday, Oct. 20, 2024, in Orchard Park, N.Y. (AP Photo/Charles Krupa)
Detroit Lions place-kicker Jake Bates (39) celebrates his 44-yard field goal against the Minnesota Vikings during the second half of an NFL football game Sunday, Oct. 20, 2024, in Minneapolis. (AP Photo/Abbie Parr)
Tennessee Titans quarterback Mason Rudolph (11) is tackled by Buffalo Bills defensive tackle DaQuan Jones (92) as he throws the ball during the second half of an NFL football game Sunday, Oct. 20, 2024, in Orchard Park, N.Y. (AP Photo/Jeffrey T. Barnes)
Detroit Lions quarterback Jared Goff (16) throws against the Minnesota Vikings during the first half of an NFL football game Sunday, Oct. 20, 2024, in Minneapolis. (AP Photo/Bruce Kluckhohn)
Detroit Lions head coach Dan Campbell watches against the Minnesota Vikings during the first half of an NFL football game Sunday, Oct. 20, 2024, in Minneapolis. (AP Photo/Abbie Parr)
Tennessee Titans head coach Brian Callahan talks to officials during the second half of an NFL football game against the Buffalo Bills, Sunday, Oct. 20, 2024, in Orchard Park, N.Y. (AP Photo/Charles Krupa)
Detroit Lions wide receiver Amon-Ra St. Brown (14) signals a first down against the Minnesota Vikings during the second half of an NFL football game Sunday, Oct. 20, 2024, in Minneapolis. (AP Photo/Bruce Kluckhohn)
