BREAKING NEWS: 2nd Circuit CRUSHES New York Gun Carry Ban

Added: 2026-05-18

[00:00:00]Hey, we got some great breaking news, guys and gals. Good news. Hey everybody, my name is Jared and today we have a massive Second Amendment win coming out of the United States Court of Appeals for the Second Circuit. Yeah, the Second Circuit. One of the most anti-second amendment circuits in the entire country. This is a Second Amendment Foundation and Firearms Policy Coalition case. And today, they just dealt a serious blow to New York's Concealed Carry Improvement Act. the same law that New York rushed through after the Supreme Court smacked them down in the New York State Rifle and Pistol Association versus Brewan case. This opinion is huge because the court just ruled that New York's default ban on carrying firearms on private property open to the public is unconstitutional.

[00:00:50]That means the state cannot simply assume that every business, every gas station, every grocery store, every retail shop in the state is automatically gun-free unless the owner puts up a sign saying guns are allowed.

[00:01:05]That was their stupid rule. That was one of the nastiest tricks that New York pulled after Brewan. And the court just said, "Hell no, you do not get to do that." But there's a second part to this ruling that gun owners also need to understand because the court upheld New York's ban carry in public parks, at least for now. So today, we're going to break this entire thing down. I'll tell you what the court struck down, what the court upheld, why this matters nationwide, and why states like California, Hawaii, New Jersey, Maryland, and Massachusetts should be paying very close attention right now.

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[00:02:19]Blackout Coffee. All right, guys. Let's set the stage. After the Supreme Court decided Brewin back in June of 2022, New York absolutely panicked because Brewan said something simple but devastating to modern gun control schemes. The Second Amendment is not a secondass right and governments cannot simply make citizens beg for permission to exercise a constitutional liberty. The Supreme Court specifically recognized a constitutional right to carry firearms outside of the home for self-defense. So what did New York do? Well, instead of respecting the ruling, they passed the so-called Concealed Carry Improvement Act or the CCIA.

[00:02:58]And buried inside that law was a poison pill. New York tried to make almost all private property automatically off limits to lawful concealed carry unless the property owner posted a sign specifically allowing firearms. I think of how insane that is. Under New York's theory, if you walked into a convenience store, a coffee shop, a gas station, or a grocery store, and there wasn't a sign explicitly saying firearms were allowed, then you could become a criminal. And that was the law. And the second circuit just hammered it. The court specifically described the law as creating a default presumption that carriage on a public property is unlawful.

[00:03:42]Now, here's where this gets important.

[00:03:45]The court said the government failed the brewin test. And remember under brewan un once the conduct is covered by the plain text of the second amendment that burden shifts to the government to prove that its restriction is consistent with the historical tradition of firearm regulation in America. The government has to show history and tradition. Not feelings, not politics, not Bloomberg money, not Hokll's attitude, not common sense gun reform. History and New York failed. The state tried to argue that there were historical laws from the 1700s and the 1800s requiring permission before carrying firearms onto certain lands, but the court dismantled those arguments one by one. The judges pointed out that most of these historical laws were actually hunting regulations. Laws designed to stop poaching or trespassing on farmland, not laws banning ordinary, peaceable citizens from carrying firearms into businesses open to the public for self-defense. That distinction absolutely matters because New York was trying to twist old anti-poaching laws into a justification for modern carry bans. Oh, they tried and tried hard, but the court wasn't buying it. And then the opinion gets even stronger. The judges warned that laws like New York effectively destroy the practical ability to exercise the right to keep and bear arms in public. I mean, listen to the logic here. If every private business is automatically presumed gun-free unless the owner posts permission, then most people simply won't carry at all because most businesses don't post signs either way.

[00:05:26]That means lawful carriers are forced to disarm almost everywhere they go if you follow those laws. The court even quoted a disscent from another case saying that under laws like this quote only those who aimlessly wander streets and sidewalks end quote could realistically carry firearms. And that's a devastating statement here because the court recognized the realworld impact of these laws. This wasn't just regulation. This was a backdoor carry ban. And that's exactly what anti-gun states have been trying to accomplish since Breuan came down. Now, here's another major point that this ruling has that people are going to overlook unless you read the entire thing like I just did. The Second Circuit directly criticized the use of racist reconstruction era laws as historical analoges. And that's massive because the DOJ's done this them themselves. The state tried relying on post civil war southern laws restricting firearm possession on private property, but the court noted that those laws were often rooted in racial animous and attempts to disarm freed slaves after the Civil War. The judges essentially said, "You don't get to use racist laws as a foundation for modern gun control."

[00:06:44]And that's enormous because anti-gun states constantly rely on those post civil war regulations to try to justify modern restrictions. And now we have another appellet court openly questioning the legitimacy of those analoges. And that matters a ton, especially in future assault weapon banned cases that are coming up and magazine ban cases that are coming up and civil uh I'm sorry, sensitive location places uh litigation that's coming up and carry restriction lawsuits. This language is going to get cited everywhere. Now, before we celebrate too hard, we also need to talk about the part gun owners are not going to like. The court upheld New York's ban on carrying firearms in public parks, at least facially. And that reasoning here is important. The court said the government produced a huge number of historical regulations from the late 1800s and early 1900s banning firearms in urban public parks. They pointed to over 60 different regulations from cities around the country. The court basically said there's a long enough historical tradition of banning guns in crowded urban parks that this restriction survives at least on its face. Now personally I think this issue is far from over because even the court acknowledged that there could be differences between urban parks and rural parks. But the plaintiffs apparently didn't properly preserve that as applied challenge earlier in the case. So, the court refused to fully address it.

[00:08:22]And I think that's going to become the next battlefield because there's a huge difference between a densely packed urban park in Manhattan and a giant rural state park where people hike, camp, fish, and hunt and encounter wild wildlife up in the Fingerlakes region.

[00:08:38]Those are not remotely the same environments, and eventually someone is going to force the courts to confront that distinction directly. I just wish that judges had the balls to say, you know what, if you're in public period and you are there, you're carrying to preserve life and liberty. Well, you can carry period. It doesn't matter if it's densely populated or not. And and one would say that if it's densely populated, that means there's more potential risks there for you and more potential criminals.

[00:09:10]I don't know, maybe I'm just using logic. Now, let's zoom out and talk about why this matters nationally.

[00:09:14]Because this decision is not just about New York. This is about every anti-gun state that's tried to retaliate against Bruin by declaring massive chunks of society as sensitive places or default gun-free zones. California's tried it, Hawaii's tried it, New Jerseyy's tried it, Maryland's tried it, Massachusetts is trying it. The the strategy here strategy here has been obvious. If you can't outright ban carry permits anymore, then making carry functionally impossible is the next step. Create so many prohibited places that the permit becomes worthless. And this ruling directly attacks that strategy. The second circuit, again, one of the worst in the country when it comes to to the Second Amendment, just recognize something critical. You cannot destroy a constitutional right through default prohibitions and bureaucratic games. And that matters everywhere. And I also want people to understand just how significant it is that this came from the second circuit. This isn't the fifth circuit. This isn't Texas. This is is not some deeply conservative appellet court. This is historically one of the toughest circuits in the country for gun rights. Which means even these judges recognized New York went way too far.

[00:10:29]That tells you how weak the state's argument really was. Now there's almost certainly more litigation coming here.

[00:10:36]New York could seek an onbunk review.

[00:10:39]This could eventually head back towards the Supreme Court and other circuits are already split on similar issues here.

[00:10:47]The Ninth Circuit, for example, upheld a Hawaii law that was very similar to New York's law. And interestingly enough, the Second Circuit openly disagreed with the Ninth Circuit's reasoning in this opinion. And that's another huge development because circuit splits are exactly the kind of thing that catches the Supreme Court's attention and generally forces them to take cases up.

[00:11:09]So do not be surprised if the Supreme Court eventually steps back into this fight. And honestly, they might have to because states are openly trying to nullify Breuan through creative lawfare.

[00:11:21]Now, here's the bottom line. This is a Second Amendment victory, a major one.

[00:11:25]The court recognized that New York cannot presume all private property is automatically off limits to lawful carry. The judges recognized that constitutional rights must remain practical and exercisable in the real world. And they rejected New York's attempt to use twisted historical analoges to justify modern carry restrictions. That's huge. But the fight is far from over because anti-gun states are not going to stop. They're going to keep testing the limits. They're going to be habitual line steppers. They're going to keep inventing new restrictions. And they're going to keep trying to turn the right to bear arms into a privilege that exists on paper.

[00:12:04]And that's why these cases matter.

[00:12:06]That's why I do this channel so that you will be aware so that they can't do this. That's why Bruin matters. And that's why all of us need to stay engaged. If you appreciate this type of coverage, make sure you subscribe to the channel, hit the bell, and share this everywhere. If you not are not a member of the groups that are doing the work in this specific lawsuit, FPC, SAF, if you're not a member of Second Amendment Foundation and Firearms Policy Coalition, you probably should skip a trip to Starbucks because you should be drinking blackout coffee anyway. Skip a drink to Duncan skip a stop at McDonald's and send that money to the groups that are doing the work in the courts. Hit the bell icon.

[00:12:48]Share this everywhere, guys and gals.

[00:12:50]and make sure you sub up and let me know in the comments down below. Do you think states should be allowed to declare nearly all private property gun-free by default? If you're one of those, I want to hear from you down below. Or did the Second Circuit finally get this one right? As always, thank you so much for your time. Thank you for watching. Ow.

[00:13:08]I'm sorry. Back spasm.

[00:13:11][ __ ] I'm going to leave this in here because many of you know the struggle I've had with my back over the years. Oh gosh. Stay safe. Stay vigilant. And God bless you. God bless America. Ow. I'm going to go sit down.