Home > Gun Laws > What Does the Bruen Case Mean for Gun Owners in New York?

What Does the Bruen Case Mean for Gun Owners in New York?

by | Dec 19, 2022

This past June, the Supreme Court of the United States issued a landmark decision in the case, New York State Rifle and Pistol Association v. Bruen. The Court held that New York’s “proper cause” requirement for a concealed pistol license violated the Fourteenth Amendment as it prevented law-abiding citizens from exercising their Second Amendment rights. The Court’s decision has resulted in significant changes to the gun regulations in New York State and New York City. 

What Did the Bruen Case Decide?

The Bruen holding was one of the most significant decisions to be delivered regarding the Second Amendment in more than a decade. Specifically, the Supreme Court’s ruling struck down a concealed carry law that required applicants to demonstrate a special need for self-defense in order to obtain a permit to carry a concealed pistol outside the home. The Court held that New York’s “proper cause” requirement violated the Fourteenth Amendment in that it prevented law-abiding citizens with ordinary needs for self defense from exercising their rights under the Second Amendment to keep and bear arms.              

Changes to New York’s Gun Laws

In response to the Bruen decision, the New York legislature passed a series of laws during a special legislative session on July 1, 2022. The Concealed Carry Improvement Act went into effect on September 1, 2022, which included a number of provisions. Among the most notable changes is the listing of “sensitive locations” where a person is not permitted to carry a firearm in public. Any violation of the provision could lead to being charged with an “E” felony. 

Sensitive locations under New York’s new gun laws include the following:

  • Places of worship
  • Educational institutions
  • Courthouses
  • Federal, state, and local government buildings
  • Polling sites
  • Public transportation
  • Health and medical facilities
  • Entertainment venues
  • Homeless and domestic violence shelters
  • Daycare facilities
  • Playgrounds
  • Airports
  • Bars and restaurants
  • Public demonstrations and rallies
  • Times Square

The law expanded the requirements for a concealed carry permit by mandating that four character references be provided with an application. An applicant must also satisfy the firearm safety training course and live fire testing criteria — as well as pass an in-person interview. In addition to completing a background check, they must provide social media accounts for the past three years. 

Other changes to the law include the expansion of disqualifications for receiving a concealed carry permit by excluding individuals who have documented instances of violent behavior — such as misdemeanor convictions for assault, weapons possession and menacing, and alcohol-related misdemeanor convictions. Once they are obtained, licenses must be renewed every three years and can be revoked if behavior that would result in a denial of recertification occurs. 

Contact an Experienced New York Criminal Defense attorney if you’ve been charged with a gun crime, it’s essential to have a skilled criminal defense attorney on your side who can fight for your rights. The criminal defense attorneys at D’Emilia Law provide aggressive representation and dedicated advocacy to those who have been arrested for a firearms-related offense and work to secure the best possible results in their cases. To schedule a consultation, contact us at 1-888-DEMILIA.    

Gun New York
DWI Arrest

Common Mistakes to Avoid During a DWI Arrest

Being pulled over for drinking and driving can be a stressful and overwhelming experience. A DWI can not only result in monetary fines and jail time, but it can also lead to personal, professional, and financial ramifications. Critically, any mistakes you make during...
Dispensary license violation attorney

Four Important Things to Know About New York’s Marijuana Laws

As the legal landscape regarding marijuana laws continues to shift, New York became the 16th state to legalize cannabis in 2021. However, there are still certain restrictions in place and it’s important to understand these laws to avoid incurring criminal penalties....
Chemical Test

What are the Consequences of Refusing a Chemical Test?

Under New York’s Implied Consent law, all drivers agree to submit to a chemical test if they are pulled over on reasonable suspicion of drunk driving. These tests are used by law enforcement to determine the level of alcohol in the blood. While the most common...
Pre-Trial Motion

What is a Pre-Trial Motion?

If you’ve been charged with a crime, you need a solid defense. One of the tools your criminal defense attorney will use as part of your defense strategy is the filing of pre-trial motions. Depending on the facts and circumstances of your case, a pre-trial motion can...
Zero Tolerance Law

What is New York’s Zero Tolerance Law?

Being charged with drunk driving at any age is a serious criminal offense that can result in steep consequences. However, New York State law provides distinct penalties for underage drivers who have been charged with DWIs. The Zero Tolerance Law specifies a lower...

When Can You Appeal a Criminal Case in New York?

If you’ve been convicted of a crime, you might still have the option to continue your defense in some situations. Depending on the circumstances of your case, you might be eligible to appeal the conviction or sentence to achieve a dismissal of your case, a reduction...
Fifth Amendment

Understanding the Protections of the Fifth Amendment

Under the United States Constitution, an individual who has been accused of a crime is protected from self-incrimination. Commonly referred to as “the right to remain silent,” the Fifth Amendment guarantees that a person cannot be compelled by the government to...
Fourth Amendment

What is the Fourth Amendment Protection Against Unreasonable Search and Seizure?

The Fourth Amendment of the U.S. Constitution guarantees protections to individuals from unlawful search and seizure by the government. However, it’s important to understand that this right doesn’t mean you can never be searched by the police. It only extends to...
Assault Charges

Understanding Assault Charges in New York

Being charged with an assault in New York is a serious matter — and a conviction can have a wide range of consequences on your life and livelihood. From employment opportunities to finding housing, obtaining a professional license, and retaining your right to possess...
Weapons Crimes

Weapons Crimes in New York

New York has some of the strictest weapons laws in the nation. Critically, not only can being convicted of a weapon crime lead to a criminal record, but it can also result in the long-term ramifications that come with one — impacting both your daily life and...