The Second Amendment, Guns on Private Property, Guns in Parks, and "The Fifth Element"
The Second Circuit ruled on the constitutionality of New York's Concealed Carry Improvement Act regarding firearm possession on private property and in public parks. The court found the Private Property Provision unconstitutional, as it did not align with historical gun regulations. However, the Public Parks Provision was upheld, being consistent with historical traditions of banning guns in urban parks.
- ▪The court ruled the Private Property Provision unconstitutional due to lack of historical support.
- ▪The Public Parks Provision was upheld as consistent with historical gun regulations.
- ▪Plaintiffs did not raise an as-applied challenge to the Public Parks Provision in the district court.
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| Original publisher | Reason.com |
| Canonical URL | https://reason.com/volokh/2026/05/18/the-second-amendment-guns-on-private-property-guns-in-parks-and-the-fifth-element/ |
| Publication time | Mon, 18 May 2026 15:22:58 +0000 |
| Retrieval time | 2026-05-18T15:29:56.629Z |
| Last seen | 2026-05-18T15:44:12.557Z |
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Opening excerpt (first ~120 words) tap to expand
Guns The Second Amendment, Guns on Private Property, Guns in Parks, and "The Fifth Element" Eugene Volokh | 5.18.2026 11:22 AM From today's Second Circuit decision in Christian v. Keane, in an opinion by Judge Joseph Bianco, joined by Judge Eunice Lee and, as to the Private Proverty Provision, Judge Steven Menashi: These two appeals involve Plaintiffs' Second Amendment challenge to New York's Concealed Carry Improvement Act ("CCIA") provisions prohibiting firearm possession in two types of locations: (1) private property "where [a] person knows or reasonably should know that the owner or lessee of such property has not permitted such possession by clear and conspicuous signage indicating that the carrying of [guns] on their property is permitted or by otherwise giving express consent; and…
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