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“Social Media Rule” Struck Down for NY Gun Permits

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An attendee wears his handgun in a holster bearing the preamble of the U.S, Constitution at a pro-gun rights rally in Delaware on June 25, 2022.

(Albany, NY) – A federal appeals court has struck down a key aspect of New York State’s law that concerns concealed carry permit applications. Prior to the court’s decision, anyone applying for a concealed carry permit had to list their social media accounts. But the court says that violates individual’s Second Amendment rights and raised troubling First Amendment concerns.

The Second US Circuit Court of Appeals ruling says in part: “Although the review of public social media posts by a licensing officer poses no constitutional difficulties, requiring applicants to disclose even pseudonymous names under which they post online imposes an impermissible infringement on Second Amendment rights that is unsupported by analogues in the historical record and moreover presents serious First Amendment concerns.”

New York can still require applicants to list their family members and others living within their household. Permits can also still be denied if applicants are not of good “moral character.”

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