Appeals Court Rejects Social Media Mandate For Gun Owners

New York gun owners can breathe slightly easier after the Second Circuit Court of Appeals last week upheld district court injunctions against three onerous gun control measures enacted by the state. The court struck down some lower court rulings on the issues while upholding others. 

One of the controversial provisions required concealed carry permit applicants to turn over a list of their social media accounts to the state. 

The consolidated cases were upheld by a 3-0 vote from the panel. They were brought by several plaintiffs and targeted the state’s petty legal response to the Supreme Court firmly establishing the right to keep and bear arms.  

The 2022 Bruen decision struck down the Empire State’s laws essentially banning concealed carry for self-defense. Instead of moving forward, leftist legislators signaled that they considered themselves above the purview of the courts.

Along with the disturbing requirement of handing over social media accounts, the judges rejected two other provisions of the so-called Concealed Carry Improvement Act.

It is common across the country for concealed carry rights to be assumed on private property. Any owner who objects simply must post signage stating that weapons are not allowed on the premises.

However, New York lawmakers attempted to reverse that pattern. 

Instead, private property owners were required to expressly acknowledge through posted signage that they allowed concealed carry. In other words, the presumption would now be that carry was prohibited unless shown otherwise. 

A third provision the appeals court rejected concerned carry rights in places of worship. 

Religious groups strongly opposed this measure as it obviously limited their right to self-defense. Churches and synagogues have been the targets of violent acts in recent years, and congregations increasingly accept the responsibility of policing their houses of worship.

Other requirements were allowed to stand by the court, including a list of 20 “sensitive places.” These included some of New York City’s most iconic locations, such as Times Square, Yankee Stadium and the city’s public transit system.

The Second Circuit also allowed the requirement that a concealed carry permit applicant exhibit “good moral character” to continue. 

As the multiple cases against New York’s gun control measures are consolidated and advanced, the likelihood increases that they will land before the Supreme Court.