A federal appeals court has ruled that New York’s strict gun restrictions in Times Square and on public transit can stay in place while the legal fight continues.
On September 19, 2025, the 2nd U.S. Circuit Court of Appeals affirmed a lower court’s decision denying gun owners a preliminary injunction against parts of New York’s Concealed Carry Improvement Act (CCIA).
The Case & Who Brought It
The lawsuit was brought by Jason and Brianna Frey and William Sappe, who argued that the CCIA wrongly designates large swaths of public space as “sensitive locations” where firearms are banned.
They challenged three provisions:
- The ban on carrying guns in Times Square, the New York City subway, and the Metro-North commuter rail system.
- The state has a complete ban on open carry.
- The requirement that even licensed gun owners obtain a separate, city-specific permit to carry in New York City.
The plaintiffs argued that these provisions go far beyond what the Second Amendment allows. U.S. District Judge Nelson Stephen Roman rejected their request for an injunction in 2023, and now a three-judge appeals panel—Robert D. Sack, Reena Raggi, and Joseph F. Bianco—has agreed.
What the Court Said
The panel ruled that New York’s restrictions fall within the country’s “historical tradition of gun regulations and, thus, do not violate the Second Amendment”. The judges leaned heavily on the Supreme Court’s 2022 Bruen decision, which requires courts to look at whether modern gun laws have historical analogues.
They concluded that crowded, high-profile areas like Times Square resemble the old fairs, markets, and public gatherings where guns were historically restricted. “There is perhaps no public place more quintessentially crowded than Times Square,” the opinion stated.
The court also compared the New York City subway system—where millions ride shoulder-to-shoulder—to 19th-century bans on guns in enclosed gathering spots like ballrooms and theaters. The judges reasoned that just because mass transit didn’t exist in 1791 doesn’t mean modern lawmakers can’t regulate firearms there.
Reactions
The plaintiffs’ attorney, Amy Bellantoni, blasted the decision: “The Second Circuit decision is disappointing, but not unexpected considering its palpable disdain for the Second Amendment.”
New York Attorney General Letitia James celebrated the ruling, saying: “New Yorkers deserve to feel safe on public transportation and everywhere in our state, and today’s decision affirms that right.” She added that “common-sense gun laws save lives” and promised to keep defending them.
How We Got To This Point
This case is part of the fallout from the U.S. Supreme Court’s landmark 2022 ruling in N.Y. State Rifle & Pistol Association v. Bruen. In Bruen, the Court struck down New York’s old “proper cause” requirement, which forced citizens to show a special need before being allowed to carry a firearm in public.
In response, Gov. Kathy Hochul and the Democrat-controlled legislature rushed through the CCIA, rewriting state law to add new hurdles for gun owners. Among other things, it banned carry in “sensitive places,” created training and disclosure requirements, and forced private businesses to opt-in if they want to allow guns.
Gun rights advocates immediately challenged the law, arguing that it was a deliberate attempt to sidestep *Bruen*. Several lawsuits are still working their way through the courts.
What This Means
For now, carrying a firearm in Times Square, on the subway, or on commuter trains remains a felony—even for licensed concealed carriers. Open carry remains entirely banned statewide, and anyone licensed outside New York City still needs a special city permit to carry there.
Importantly, the appeals court noted that this was not a final ruling on the law’s constitutionality. Instead, the panel only decided that the plaintiffs are *“unlikely to succeed on the merits”* at this stage. The case now returns to the lower court for further proceedings.
Broader Trend
This ruling mirrors decisions in other circuits. Courts have recently upheld similar bans on guns in sensitive places in New Jersey, Hawaii, and Virginia. Judges have repeatedly cited a so-called “historical tradition” of restricting firearms at crowded gatherings.
For gun owners, this means the legal fight sparked by Bruen is far from over. While the Supreme Court opened the door for stronger protection of the right to carry, states like New York continue to push the limits—and for now, the appeals courts are letting them.
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There has to be something in the water in New York and California. It is just hard to imagine stupidity occurring naturally to that extent.
Bernie Goetz!
Bernie Goetz!
Bernie Goetz!
Now we need lawsuits against New York by everyone who owns a handgun that was attacked or robbed while using public transportation or on their way to or from public transportation.
I remember, not too long ago, a young lady was knifed to death on a commuter train in NC. I’d sure like to be armed while riding such things.
We need visit New York and put the judges on the midnight train to dangerous places.
HLB
The one area you need to carry due to democrats having made so dangerous I need to be disarmed , great plan
Unless there are metal detectors, who would know you are CC in those locations.