Second Circuit Revives Parts of NYC Gun Licensing Challenge

A federal appeals court reinstated some claims against New York City's handgun licensing rules while upholding dismissal of the fee challenges.

Updated on Nov. 10, 2026 in Law Enforcement

Flat-color editorial illustration of a plain stone civic building facade under an overcast sky, with a single flag, in deep red, cream, and charcoal. — The Second Circuit Court of Appeals revived challenges to parts of New York City's handgun licensing rules, including a one-gun carry limit and a 90-day purchase gap. AI Illustration. Upload story photo >

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The U.S. Court of Appeals for the Second Circuit reinstated challenges to a one-gun carry limit, a 90-day gap between handgun purchases and a two-handgun cap on carry licenses. The panel upheld dismissal of challenges to state and city licensing fees and remanded the case to the Southern District of New York.

Why it matters

The ruling sends the remaining claims back to a lower court and requires that the challenged rules be assessed at the second step of the Bruen framework for evaluating firearm regulations. The decision could shape how New York City's licensing regime is tested against Second Amendment challenges.

The case was dismissed by U.S. District Judge Jed Rakoff in December 2024 and is now remanded to the Southern District of New York for further proceedings. The city Law Department said it is evaluating its options, and the panel left open whether the government can meet its burden under Bruen.

The players

U.S. Court of Appeals for the Second Circuit

The federal appellate court covering New York, Connecticut and Vermont, which issued the ruling reinstating part of the challenge.

New York City Law Department

The city's legal office responsible for defending its firearm licensing rules, which said it is evaluating its options after the decision.

The details

The three-judge panel of Reena Raggi, Debra Ann Livingston and Michael Park held that the challenged rules must be assessed at the second step of the Bruen analysis and that the claims should not have been dismissed at step one. The lower court had dismissed the suit on the reasoning that the regulations do not permanently deprive applicants of their right to own and carry firearms.

December 2024: Judge Jed Rakoff dismissed the case.
2023: Plaintiffs filed the suit.
November 2025: Oral arguments were heard before the Second Circuit.
November 10, 2026: The Second Circuit issued its ruling.

Legal Context

The ruling applies the two-step framework from New York State Rifle & Pistol Association v. Bruen to New York City's licensing rules, sending the carry-limit, purchase-gap and handgun-cap claims back for analysis at the second step. It follows a line of post-Bruen challenges testing local firearm regulations against the Supreme Court's text-and-history standard.

Residents and licensed gun owners in New York City face the rules at issue, including the one-gun carry limit, the 90-day purchase gap and the two-handgun cap. The city application and renewal fee of $428.50 remains in place for now, while the remanded claims are reconsidered in the lower court.

The takeaway

The decision shows that even when fee challenges fail, local firearm rules can still be tested under the Bruen framework. Gun owners and advocates should watch how the Southern District handles the remanded claims on carry limits and purchase waiting periods.