What: The Second Circuit Court of Appeals ruled in Firearms Policy Coalition’s (FPC) Christian v. James lawsuit that New York’s ban on firearms at all publicly accessible private property without the express consent of the owner (also known as the “vampire rule”) violates the Second Amendment. The court however also facially upheld the state’s ban on carry in public parks.
Who: FPC is joined in this case by FPC member Brett Christian and the Second Amendment Foundation. The plaintiffs are represented by David H. Thompson, Peter A. Patterson, and William V. Bergstrom of Cooper and Kirk, PLLC, along with Nicolas J. Rotsko of Fluet.
When: The Court’s opinion was issued on May 18.2026. The case will now be sent back to the district court, which will issue a final order in this case.
Where: The opinion was issued by the Second Circuit Court of Appeals, which is based in New York City and covers Connecticut, New York, and Vermont.
Why: Today’s ruling strikes down a major part of New York’s effort to nullify the Bruen decision by relegating the Second Amendment’s right to bear arms to “some streets.”
Quote: “The FPC Grassroots Army put a stake in the heart of New York’s ‘vampire rule’ carry ban today. We’ll keep fighting in this and other cases to eliminate unconstitutional bans on carry in public parks so people can defend their lives in these public places,” said FPC President Brandon Combs.
About Firearms Policy Coalition
Firearms Policy Coalition (FPC) is a nonprofit membership organization that exists to create a world of maximal individual liberty and eliminate unconstitutional gun control laws. FPC works—and wins—for the People through high-impact strategic litigation, groundbreaking research, legislative and regulatory advocacy, grassroots activism, education, and public engagement. FPC’s legal division, FPC Law, is the nation’s leading initiative dedicated to restoring the right to keep and bear arms across the United States. To learn more about how FPC is working—and winning—for the People, sign up for FPC news alerts at firearmspolicy.org and follow FPC on X, Instagram, and Facebook.
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