Judge blocks New York limits on carrying guns on private property
A federal judge has blocked New York from restricting the carrying of guns on private property under a Democratic-backed law adopted following the U.S. Supreme Court’s June ruling that struck down the state’s strict gun permitting regime.
Tuesday’s ruling by U.S. District Judge John Sinatra in Buffalo struck down a provision in the law that made it a felony for a licensed gun owner to possess a firearm on any private property unless the property owner allowed it with a sign or by giving express consent.
From the decision.
Property owners indeed have the right to exclude. But the state may not unilaterally exercise that that right …
We believe in property rights, even against the state. That certainly includes property owners who do not wish for you to bear arms on their property. But you see what NY did there, yes? They exercised that right on behalf of property owners. In other words, they didn’t respect the rights of property owners to make the decision on their own property.
What NY did runs exactly counter to the notion of property rights, and thus the judge reached the right decision.
