Second Circuit: NYC Handgun Licensing Claims Reinstated

• The Second Circuit Court of Appeals reinstated several challenges to New York City's handgun licensing regulations.
• The reinstated claims include limits on carrying one gun, a 90-day waiting period for handgun purchases, and a cap of two registered handguns per license.
• These specific New York City handgun regulations will now proceed to the second step of the *Bruen* analysis.
• The City of New York must demonstrate that these challenged rules are consistent with the nation's historical tradition of firearm regulation.
• Claims regarding state licensing fees and specific application fees were upheld as dismissed by the lower court.

The appellate panel's decision means the constitutionality of these specific New York City handgun regulations must now be determined under the second step of the *Bruen* analysis.

A federal appeals court has revived several significant challenges to New York City's handgun licensing regulations, allowing specific claims from three handgun owners to proceed against the municipality. The Second Circuit Court of Appeals, in a Tuesday ruling, overturned a lower court's dismissal of these claims, which target various restrictions on firearm ownership and acquisition within the city. This decision marks a partial victory for the plaintiffs, Charles Mills, Craig Sotomayor, and Braden Holliday, who initiated their lawsuit in 2023. U.S. District Judge Jed Rakoff had previously dismissed the entire case in December 2024, asserting that the regulations in question were predominantly administrative and did not permanently deprive applicants of their right to own and carry firearms. However, the appellate panel disagreed with this broad dismissal for certain claims, concluding that they warranted further judicial review. The Second Circuit's ruling means the NYC handgun licensing claims reinstated will now undergo a more rigorous constitutional examination.

The Second Circuit's three-judge panel specifically reinstated challenges to three New York City handgun regulations: a rule limiting legal carry to one gun at any given time, a requirement for a 90-day gap between handgun purchases (the 90-day handgun purchase wait NYC), and a cap of two handguns that can be registered on a carry license (the two-handgun registration cap). The court clarified that these activities fall within the "normal and ordinary meaning" of the Second Amendment, satisfying the first step of the *Bruen* analysis. Senior U.S. Circuit Judge Reena Raggi, joined by Senior U.S. Circuit Judge Debra Ann Livingston and U.S. Circuit Judge Michael Park, emphasized that this finding does not conclude the rules are unconstitutional. Instead, it mandates that their constitutionality be determined at the second step of the *Bruen* analysis. This next phase requires the City of New York to demonstrate that the challenged regulations are "consistent with the Nation’s historical tradition of firearm regulation." The court explicitly stated it would not predict how the government might fulfill this burden.

While some claims were reinstated, the appellate court upheld the dismissal of others. Specifically, challenges to state licensing fees were correctly dismissed, as their constitutionality had been affirmed in the prior *Kwong v. Bloomberg* case. Additionally, the panel upheld the dismissal of Braden Holliday's individual challenge to the city’s application and renewal fees, which he argued, at $428.50, grossly exceeded the $10 statutory cap imposed on most other jurisdictions in the state, with the exception of Nassau County. During oral arguments in November 2025, plaintiff attorney Amy Bellantoni contended that the city's administrative constraints on gun purchasing directly infringe upon the Second Amendment's right to keep and bear arms, arguing that the ability to acquire firearms is fundamental to possession and defense. She suggested that the 5 to 15 minutes required for a background check would be sufficient, negating the need for extended waiting periods. Conversely, Jeremy Shweder, representing the New York City Law Department, had argued for dismissal, citing issues of plaintiff standing or mootness.

The Second Circuit's decision to advance these specific New York City handgun regulations to the second step of the *Bruen* analysis carries significant weight. It means the City of New York can no longer rely on the argument that these rules are merely administrative or do not permanently restrict Second Amendment rights. Instead, the city must now present historical evidence to justify the one-gun carry limit, the 90-day handgun purchase wait NYC, and the two-handgun registration cap. This ruling underscores the ongoing *Second Circuit gun law challenge* and the evolving landscape of firearm regulation post-*Bruen*. The plaintiffs' core argument, that regulations like the waiting period and limits on concealed handguns constitute an "absolute bar — even if temporary — to their right to have and bear arms," will now be tested against historical precedent. A spokesperson for the city’s Law Department indicated that the agency is currently evaluating its options following the appellate court's decision.

The Second Circuit's decision means specific NYC handgun licensing restrictions (one-gun carry, 90-day purchase wait, two-handgun registration cap) will now proceed to the second step of the Bruen analysis. Lawyers and compliance officers should monitor this case closely, as the City of New York must historically justify these regulations, potentially leading to their invalidation and significant changes to handgun licensing requirements in NYC.

Source: Original reporting via Courthouse News