Frey v. City of New York
Court of Appeals for the Second Circuit · No. 23-365
👎Unfavorable to gun rights
preliminary injunction denied and the restrictions remain enforceable, on a likelihood-of-success finding rather than final judgment
GunMapUSA assessment of the outcome's direction, not a statement that the court decided rightly or wrongly.
What the court held
Holders of New York concealed-carry licenses brought pre-enforcement Second Amendment challenges to the Concealed Carry Improvement Act's sensitive-location ban as applied to Times Square, the New York City subway, and Metro-North, to the state's effective ban on open carry, and to New York City's requirement of a separate city permit, and moved to preliminarily enjoin all three. The Second Circuit affirmed the denial of that motion, concluding that on the preliminary record the government had shown each provision falls within the nation's historical tradition of firearm regulation, including a long tradition of stricter and locally administered gun rules in cities, so plaintiffs were unlikely to succeed. The court noted its ruling does not determine the provisions' ultimate constitutionality.
Summarized from the court's opinion.
What this case is about
pre-enforcement Second Amendment challenge to New York firearm licensing and carry restrictions
GunMapUSA summary of the issue, not a quotation from the court.
Key Dates
- 2025-09-19 — Decided
- 2024-01-30 — Argued
Sources
- CourtListener — retrieved 2026-08-08
Summary of public court records. Not legal advice.