Second Circuit upholds some, but not all, of NY's gun regulations.

Ever since the Supreme Court issued the Bruen decision in 2022, federal courts have struggled to comply with its mandate that the Constitution prohibits modern gun regulations that do not resemble the ones in place when the Second Amendment was adopted long ago. This case examines some of those rules.

The case is Antonyuk v. James, issued on October 24. I discussed portions of this ruling at this link. For anyone who wants a thorough examination of gun laws throughout American history, this opinion is for you. If nothing else, the Bruen decision has forced federal judges to become experts in reviewing all the old gun regulations to determine if current gun laws run afoul of the Second Amendment. They used to call this "law office history."

The first question is whether New York's rule against carrying a gun in a sensitive location, such as a treatment center that provides health, behavioral health, or chemical dependence care or services, is constitutional. It is. The state has traditionally outlawed guns in these locations where vulnerable populations congregate.

The Court of Appeals (Jacobs, Lynch and Lee) next determines whether the state law prohibiting guns in places of worship violates the Second Amendment. Yes, some people want to bring their firearms into church for self-defense purposes. The problem is that after the district court struck down this provision, the State Legislature eliminated this requirement. That moots out the case. The Court of Appeals cannot rule on a provision that no longer exists, and the courts presume that the vacated law or regulation will not return anytime soon. 

We next consider the prohibition against firearms in parks and zoos. The Court provides a lengthy analysis on similar regulations throughout American history on this issue and finds that this regulation is legal because it is consistent with age-old laws against carrying a gun in often-crowded public squares, including city parks. The same holds true for zoos, as there is a national tradition of barring firearms where children congregate. The Court of Appeals notes that 70 percent of zoo visitors are children.

What about bars and taverns? New York bars firearms in these locations. Guns and alcohol can be a lethal mix, but the Supreme Court's Second Amendment framework necessarily requires extended analysis on this issue, also. We have age-old laws against intoxicated people buying and carrying firearms. Those old statutes bring the current New York laws within our national tradition, which means they are legal under the Second Amendment.

You get the point. The Court of Appeals further upholds New York's law against carrying a firearm in theaters, conference centers, and banquet halls. But the Court of Appeals strikes down New York's provision against carrying firearms during First Amendment public assemblies. Such a prohibition does not fall within our national tradition, the Court holds.