Appeals Court Upholds New York Gun Ban in Times Square, Subways/ Newslooks/ WASHINGTON/ J. Mansour/ Morning Edition/ A federal appeals court on Friday upheld New York’s ban on guns in Times Square, subways, and commuter trains, finding the restrictions consistent with U.S. history. Gun owners challenging the law were deemed unlikely to succeed. State officials say the ruling affirms common-sense gun safety measures.
New York Gun Ban Upheld in Times Square and Subways – Quick Look
- 2nd U.S. Circuit Court of Appeals upheld New York’s Concealed Carry Improvement Act.
- Ruling applies to Times Square, NYC subway, Metro-North commuter rail.
- Judges: bans fit U.S. history of restricting guns in crowded public spaces.
- Case returns to lower court for further review.
- Panel: Judges Sack (Clinton appointee), Raggi (Bush), Bianco (Trump).
- Plaintiffs argued bans violate the Second Amendment; court disagreed.
- AG Letitia James praised ruling: “Common-sense gun laws save lives.”
- Lawyer Amy Bellantoni for plaintiffs: ruling shows “palpable disdain” for gun rights.
- Part of New York’s 2022 rewrite after Supreme Court struck down old rules.
- Similar bans upheld in Hawaii, Virginia, New Jersey by other federal appeals courts.
Deep Look: Federal Appeals Court Upholds New York Gun Restrictions
NEW YORK — Guns will remain banned in Times Square, the New York City subway system, and commuter trains after the 2nd U.S. Circuit Court of Appeals on Friday upheld key provisions of New York’s 2022 gun law.
The law, known as the Concealed Carry Improvement Act, was challenged by several gun owners who argued it violated their Second Amendment rights. But the three-judge panel ruled the restrictions fit within America’s long tradition of limiting firearms in sensitive or crowded public spaces.
Why Times Square Is a “Gun-Free Zone”
In its unanimous opinion, the panel compared Times Square to historical marketplaces and town gatherings, where firearms were historically restricted to preserve public safety.
“There is perhaps no public place more quintessentially crowded than Times Square,” the judges wrote, calling it a “modern-day, electrified, supersized equivalent of fairs, markets, and town squares of old.”
The ruling also covered the subway system and the Metro-North commuter rail, citing their crowded, high-risk environments.
Case Background
- Plaintiffs Jason and Brianna Frey and William Sappe sought to block the law’s enforcement.
- They objected to Times Square’s designation as a “Gun-Free Zone,” open carry restrictions, and special permitting requirements in New York City.
- Their request for a preliminary injunction was denied in 2023 by U.S. District Judge Nelson Stephen Roman.
The appeals court agreed with Roman, finding the plaintiffs were unlikely to succeed on the merits of their case.
Political and Legal Reactions
- Plaintiffs’ attorney Amy Bellantoni called the decision “disappointing, but not unexpected,” accusing the court of hostility toward Second Amendment protections.
- Attorney General Letitia James (D) welcomed the outcome: “New Yorkers deserve to feel safe on public transportation and everywhere in our state. Common-sense gun laws save lives.”
Part of Broader Gun Regulation Efforts
The Concealed Carry Improvement Act was passed in 2022 after the U.S. Supreme Court struck down New York’s long-standing requirement that applicants show “proper cause” to carry firearms in public.
Since then, the state added new rules:
- Applicants must undergo in-person interviews, provide character references, disclose household members, and complete 16 hours of training.
- Guns are banned in “sensitive places” like schools, government buildings, and private properties unless owners permit them.
National Legal Context
New York’s restrictions are part of a growing pattern of court-approved gun bans in sensitive locations:
- Hawaii and Virginia saw similar laws upheld.
- On Sept. 10, 2025, the 3rd U.S. Circuit Court of Appeals affirmed New Jersey’s ban on firearms in schools and public gatherings.
These rulings rely on the same principle: U.S. history has long restricted guns in locations where they pose heightened public danger.
What’s Next
The case now returns to Judge Roman’s court for further proceedings. While the 2nd Circuit did not issue a final ruling on constitutionality, its reasoning signals that New York’s restrictions will likely remain intact.
For now, New York officials say the decision ensures Times Square, subways, and commuter trains remain off-limits to firearms, preserving what they argue is a vital layer of public safety.
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