New York’s “Vampire Law” Gun Free Zones Struck Down Again

Ammoland Inc. Posted on October 12, 2024 by John Crump

A federal judge in the Western District of New York issued summary judgment for the Firearms Policy Coalition striking down New York State’s “Vampire Law.”

The order read:

ORDERED that Plaintiffs’ motion is GRANTED with respect to the State’s restriction on private property open to the public. Defendants’ motion is DENIED as to this issue.

New York State’s “Vampire Law” made private property open to the public “gun free zones” unless the owner posted signs or gave express permission to carry a firearm on the property. This law was a part of the Concealed Carry Improvement Act (CCIA). The CCIA was a concealed carry law passed in an emergency session shortly after the Supreme Court’s Bruen decision. Many believe that New York State was thumbing its nose at SCOTUS.

Instead of becoming less restrictive at Bruen, the state became more stringent, making it a felony to carry firearms in most of the Empire State. The “Vampire Law” made it a crime for a concealed carry permit holder to fill up their car with gas while carrying their gun unless the gas station posted “guns welcome” signs. After the CCIA passed, multiple lawsuits were filed against New York State, challenging different parts of the regulations.

One of those cases was Christian v. James, filed by the Firearms Policy Coalition (FPC) and the Second Amendment Foundation in the Western District of New York. The plaintiffs were able to get a preliminary injunction against the law. This injunction was just one of a few injunctions against the prohibition of carrying firearms on public property open to the public without express permission. The injunction enjoined New York State from enforcing the new regulations.

Both New York State and the plaintiffs asked the District Court for summary judgment. The plaintiffs sought a permanent injunction against the law. The state was fighting an uphill battle since the Second Circuit Court of Appeals ruled against the law in Antonyuk, which was filed by Gun Owners of America (GOA). Judge John L. Sinatra ruled against the state on the private property issue, stating that the law was Unconstitutional.

According to the Bruen standard, a gun law has to be consistent with the original text, tradition, and history of the Second Amendment. There was no question that the right to bear arms was part of the text of the Second Amendment. Judge Sinatra was weary of the state’s historical analogs for tradition and history. Most dealt with plantations and hunting. Although Rahimi said a historical analogue must be similar, it doesn’t have to be a historical twin. The state provided multiple laws about hunting and trespassing on plantations, but the judge believed these laws were too different from the “Vampire Law.” The state also tried to cite laws from after the ratification date of the 14th Amendment, but the judge rejected those, too. Anti-gun states liked to use the ratification date of the 14th Amendment in 1868 because there were a lot more gun laws on the books to prevent formerly enslaved black people from obtaining firearms.

The judge declined to rule on the second part of the case, which dealt with carrying firearms in public parks and public transportation. He highlighted that those issues were appealed to SCOTUS in Antonyuk. In Antonyuk, the Second Circuit upheld those restrictions, leading GOA to file for a writ of certiorari with the Supreme Court. The writ would be granted. The Second Circuit’s decision was vacated, and the case was remanded back to the lower court, where they would get another chance to get it right.

New York State asked for a 14-day stay on the court’s decision to give them time to appeal to the Second Circuit Court of Appeals. Judge Sinatra rejected the request, stating that the injunction has existed since 2022, so there is no irreputable harm, and the defendants are not likely to succeed on the merits of the case. Also, the Second Circuit already upheld a similar injunction in Antonyuk.

“This is yet another important victory for Second Amendment rights and another major loss for New York, authoritarian governments, and radical anti-rights organizations like Everytown and Giffords. We will continue to fight forward as we work to restore the full scope of the right to keep and bear arms throughout the United States. Hopefully Kathy Hochul is ready to write another check for legal fees.” — FPC President Brandon Combs

“This is an important victory. SAF is winning firearms freedom one lawsuit at a time.” — SAF Founder Alan Gottlieb

New York State is expected to appeal the District Court’s decision to the Second Circuit even though the Second Circuit has already upheld an identical injunction.