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The Supreme Court decision in District of Columbia v. Heller (2008) affirmed an individual's right to possess a firearm for self-defense within the home. However, I am curious about the implications of this ruling when it comes to carrying firearms outside the home, particularly in public spaces such as the subway or parks.

Does the Metropolitan Transit Authority (MTA) in New York City still retain the right to prohibit firearms at their events, despite the Heller decision?

Furthermore, what documentation or papers would one need to carry a gun legally in New York City? Are there specific registration or permit requirements that must be met?

FeRD
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Short Answer

Can one be restricted from carrying a gun on the metro in New York city?

Yes.

Does the New York City Transit Authority still retain the right to prohibit firearms at their events, despite the Heller decision?

Yes.

In order to carry a gun legally in New York City:

Are there specific registration or permit requirements that must be met?

Yes.

Long Answer

While a number of New York State and New York City gun restrictions have been declared unconstitutional on Second Amendment grounds, a ban on carrying guns on New York City metro trains is not one of them.

The U.S. Supreme Court has recognized that federal, state and local governments may ban firearms in "sensitive locations" in New York State Rifle & Pistol Association Inc. v. Bruen, 597 U.S. ____ (2022). But it also held that designating all of Manhattan as a "sensitive place" went too far.

In the wake of that decision, which invalidated other New York gun control laws, New York State promptly passed legislation robustly exercising this authority to ban firearms in "sensitive locations" in a way tailored to this U.S. Supreme Court decision. This law took effect on September 1, 2022. This legislation is now codified at New York Penal Law § 265.01-e.

Some of the "sensitive area" designations in that legislation are still controversial and may be the subject to future litigation on their validity (e.g., private schools and all of Times Square).

But the ban on carrying firearms on public transportation (subject to various exceptions, mostly for law enforcement), is not likely to be struck down and a trial court has rejected one attempt to do so. This is mostly because it is so closely analogous to gun controls in commercial airports which are largely uncontroversial even among strong opponents of most gun control legislation. Still, as the answer from Machavity accurately notes, the rule designating the metro as gun-free is the subject of pending litigation appealing that trial court ruling. The law being challenged is less than two years old, the legal court process takes time, and neither the federal courts nor the courts of New York State, are known for being particularly speedy in civil proceedings.

what documentation or papers would one need to carry a gun legally in New York City?

The detailed requirements are explained here and here. Basically, an owner's license and a concealed carry license is required to carry a handgun in public. And, openly carrying a long gun or a handgun is a crime.

To get a concealed carry license, you must provide:

  • provide proof of completion of a firearms safety training course;
  • provide four character references;
  • disclose the applicant’s spouse or domestic partner, any other adults residing in the applicant’s home, including any adult children of the applicant, and
  • participate in an in-person interview of the applicant with the licensing officer/designee.

A person who is not a law enforcement officer is generally not allowed to have a firearm on NYC transit or at NYC transit events or myriad other "sensitive places", even if that person has a concealed carry permit and owner's license, subject to some exceptions, such as for:

  • Retired law enforcement officers;
  • Active duty military personnel;
  • Licensed security guards who are on the job;
  • Hunters who are lawfully engaged in hunting and have undergone hunting training and gotten a license to do so;
  • in historical and theatrical reenactments;
  • in or in connection with museum displays of antique firearms;
  • while participating in military ceremonies (e.g. funerals and honor guards); and
  • while lawfully training for a target shooting sports event such as a biathlon (this would probably allow carrying en route to a training event or facility for target shooting if all other licensing requirements are met).

Needless to say, of course, there is essentially no lawful hunting in New York City. There is, for example, no NYC handgun pigeon hunting season in Central Park, and handguns are almost never legal to use for hunting purposes in New York State. But, a licensed gun owner might conceivably be able to legally carry a hunting rifle in a gun case to the airport on the metro in New York City for a hunting trip (I haven't verified this point).

ohwilleke
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The concealed carry list of "sensitive places" you cannot carry a gun in New York State has this

Penal Law § 265.01-e Criminal possession of a firearm, rifle or shotgun in a sensitive location.

  1. For the purposes of this section, a sensitive location shall mean:

(n) any place, conveyance, or vehicle used for public transportation or public transit, subway cars, train cars, buses, ferries, railroad, omnibus, marine or aviation transportation; or any facility used for or in connection with service in the transportation of passengers, airports, train stations, subway and rail stations, and bus terminals;

It's worth noting that there is a pending lawsuit over that restriction

On appeal the gun owners claim the regulations are “inconsistent with the text, history, and tradition of firearm regulation,” and they seek reversal of the lower court’s denial of a motion for preliminary injunction of firearm bans on public transportation such as the MTA, subway, and train cars and in Times Square.

Machavity
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