Appeals court keeps N.Y. firearms limits in place

State law bars guns in 'sensitive' locations including the subway system, Times Square.

- BY MICHAEL R. SISAK

CROWDS gather in Times Square for the New Year's Eve celebration in 2023.

No guns for Elmo, Spider-Man or anyone else in New York's Times Square — and don't try sneaking them into the subway, either.

That was the decision Friday from a federal appeals court, effectively upholding a New York state law that bars firearms in "sensitive" locations including the tourist mecca known as "the crossroads of the world," the New York City subway system and commuter trains.

The 2nd U.S. Circuit Court of Appeals affirmed a lower court judge's 2023 ruling that let the state law remain in effect after several gun owners filed a lawsuit challenging the constitutionality of some restrictions. An appeals court ruling last year has allowed other parts of the law to remain in effect.

The plaintiffs, Jason and Brianna Frey and William Sappe, had sought a preliminary injunction blocking the enforcement of provisions in the law, known as the Concealed Carry Improvement Act, that have allowed authorities to declare Times Square a gun-free-zone, ban open carry and require a special permit to carry guns in New York City.

U.S. District Judge Nelson Stephen Roman rejected that request, leading to the appeal decided Friday.