2nd Circuit Revives NYC Handgun Licensing Challenges
The 2nd Circuit allowed challenges to NYC handgun rules to proceed past dismissal.
Why it matters: This decision revives significant Second Amendment litigation affecting urban gun policies. Legal professionals will see prolonged scrutiny of NYC's strict handgun regulations.
- 2nd Circuit vacated parts of a Dec 2024 dismissal by Judge Jed Rakoff.
- Challenges include one-handgun carry limits, 90-day waiting periods, and registration caps.
- The court affirmed dismissal of fees challenges citing Kwong v. Bloomberg precedent.
- Case remanded to Southern District of New York for further proceedings.
On November 10, 2026, the U.S. Court of Appeals for the Second Circuit restored challenges to New York City's handgun regulations, allowing several claims to advance beyond summary dismissal. The plaintiffs, Charles Mills, Craig Sotomayor, and Braden Holliday, contend that specific restrictions impose an unconstitutional barrier on their Second Amendment rights.
The regulations contested include the one-handgun carry limit, a mandatory 90-day waiting period between purchases, and a cap restricting the registration of more than two handguns on a carry license. While the appellate panel affirmed the dismissal of claims related to licensing fees, it vacated portions of the lower court’s decision that had fully dismissed the suit.
The original dismissal was ordered in December 2024 by U.S. District Judge Jed Rakoff. The appellate court, led by U.S. Circuit Judge Reena Raggi, noted that neither facial nor as-applied challenges to the one-gun carry limitation should have been summarily dismissed under the Bruen framework. She emphasized that the court was not deciding the merits but acknowledged the plaintiffs' claims deserved further examination.
Amy Bellantoni, plaintiffs' attorney, called the decision "an important win for New York City gun owners," underscoring its significance for ongoing Second Amendment challenges in densely populated urban areas. The case is now back before the Southern District of New York, where additional proceedings will determine the future trajectory of these challenges.
This ruling signals heightened judicial willingness to revisit stringent firearm regulations, potentially setting precedents for similar cases nationwide. Practitioners involved in gun rights and municipal regulation cases should monitor how the remanded proceedings unfold.
By the numbers:
- November 10, 2026 — Date of 2nd Circuit decision
- December 2024 — Date of original dismissal by District Judge Jed Rakoff
- 2 — Maximum number of handguns allowed to be registered on a carry license under NYC rules
Yes, but: The appellate court upheld the dismissal of challenges to state licensing fees, indicating that not all aspects of NYC's regulations are vulnerable to constitutional attacks at this stage.
What's next: Further proceedings are expected in the Southern District of New York, where the case will be reconsidered based on the Second Circuit's guidance.