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AG Nessel Files Brief Supporting New York Law Criminalizing Possession of a Weapon on Private Property when Private Property Owner has not given Express Consent
February 01, 2023
LANSING — Michigan Attorney General Dana Nessel joined a coalition of 16 attorneys general asking the U.S. Court of Appeals for the 2nd Circuit to reverse a lower court decision that preliminarily enjoined a provision of New York’s Concealed Carry Improvement Act (CCIA). In an amicus brief, Nessel and the coalition argue that the lower court’s decision was wrong because the enjoined provision of the CCIA is consistent with Supreme Court precedent and with a long tradition of states enacting similar regulations to meet their responsibility to protect residents from the harmful effects of gun violence.
In the brief, Nessel and the coalition explain the CCIA requirement, which criminalizes possession of a weapon on another person’s private property when the person carrying the firearm knows or should reasonably know that the property owner has not given express consent to carry firearms on the premises, is constitutional and effective. Nessel and the coalition further explain the Second Amendment allows states to implement firearm regulations tailored to local conditions to promote gun safety and protect the public from gun violence.
“The provision of New York’s CCIA that prohibits the unauthorized possession of a weapon on another person’s private property is consistent with similar laws in other states,” Nessel said. “Homeowners have the right to make their property restricted locations for the purpose of disallowing firearms. Common-sense gun laws should protect residents whether they are at home or in public. I stand with my colleagues in asking the Court of Appeals to reverse the lower court’s decision.”
In the amicus brief, Nessel and the coalition argue New York’s default rule that firearms are not allowed on private property without express permission does not run afoul of the Second Amendment. Rather, it falls within the states’ authority to protect public safety through an approach tailored to the needs and characteristics of each community. Nessel also argues this provision is consistent with the longstanding practice of states across the country enacting regulations for the carry of firearms on private property. Nessel and the coalition also say in the brief that the law is consistent with public opinion.
Joining AG Nessel in filing the brief are the attorneys general of California, Connecticut, District of Columbia, Delaware, Hawaii, Illinois, Maryland, Massachusetts, Minnesota, New Jersey, Oregon, Pennsylvania, Rhode Island, Vermont, and Washington.