Huge Win For Carry In New York, Federal Judge Overturns

Published on October 10, 2024
Duration: 6:36

A federal judge has struck down New York's 'vampire rule,' which prohibited concealed carry on private property unless explicitly permitted by a sign. This ruling, stemming from the Bruen decision, found the law unconstitutional as it effectively banned carry by default. The judge denied the state's request for a stay, making the injunction immediately effective for private property open to the public. Decisions on public park restrictions are pending.

Quick Summary

A federal judge has permanently enjoined the enforcement of New York Penal Code section 265.01-d, striking down the state's 'vampire rule.' This rule previously required private businesses to post a sign to permit concealed carry. The ruling, effective immediately, declares the restriction unconstitutional as applied to private property open to the public.

Chapters

  1. 00:00Introduction: Big Win for Concealed Carry in New York
  2. 00:18Background: Post-Bruen Carry Laws in New York
  3. 01:03The 'Vampire Rule' Explained
  4. 02:27Judge Strikes Down the Vampire Rule
  5. 02:32Court Decision Details and Injunction
  6. 03:10State's Request for Stay Denied
  7. 04:02Enforcement Blocked: NY Penal Code 265.01-d
  8. 04:43Public Parks Restrictions Held in Abeyance
  9. 05:07The Goal: Constitutional Carry Nationwide
  10. 06:11Conclusion: Vampire Rule Overturned in NY

Frequently Asked Questions

What was the 'vampire rule' in New York regarding concealed carry?

New York's 'vampire rule' prohibited concealed carry on private property unless the business owner explicitly permitted it by posting a state-specified sign. Without the sign, carry was effectively banned by default, even if the owner didn't object.

Has the 'vampire rule' been overturned in New York?

Yes, a federal judge has struck down New York's 'vampire rule' concerning private property open to the public. The judge found the law unconstitutional and permanently enjoined its enforcement, effective immediately.

What is the impact of the federal judge's ruling on concealed carry in New York?

The ruling means licensed concealed carry holders can now carry firearms on private property open to the public in New York without needing a specific sign from the business owner. The state's attempt to get a stay on the ruling was denied.

Are public parks affected by the recent New York concealed carry ruling?

No, decisions regarding restrictions on public parks and other remaining aspects of the challenged law have been held in abeyance. The court is awaiting further orders on these specific issues, meaning they are not yet resolved by this ruling.

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