The Concealed Carry Improvement Act (CCIA), enacted in July 2022 in response to the U.S. Supreme Court's decision in NYSRPA v. Bruen, created two new criminal offenses targeting the possession of firearms in specific categories of locations. PL 265.01-e addresses sensitive locations and PL 265.01-d addresses restricted locations. Both offenses are classified as Class E felonies, carrying a maximum sentence of up to four years in state prison.[1][2]
PL 265.01-e: Sensitive Locations
A person is guilty of criminal possession of a firearm, rifle, or shotgun in a sensitive location when such person possesses a firearm, rifle, or shotgun in or upon a sensitive location, and such person knows or reasonably should know the location is a sensitive location.[1] The knowledge requirement is significant: the prosecution must establish that the defendant either knew or reasonably should have known that the location carried a sensitive designation.
The CCIA defines sensitive locations to include:
- Government buildings used for government administration, including courthouses
- Locations providing health, behavioral health, or chemical dependence care
- Libraries, public playgrounds, public parks, and zoos
- Schools, colleges, universities, and other educational institutions
- Nursery schools, preschools, and summer camps
- Homeless shelters and domestic violence shelters
- Public transportation (subways, buses, trains, ferries, and their facilities)
- Any venue licensed to sell or serve alcohol for on-premises consumption
- Entertainment venues, including theaters, stadiums, and museums
- Polling places on Election Day
- The Times Square pedestrian zone in New York City[3]
PL 265.01-d: Restricted Locations
A person is guilty of criminal possession of a weapon in a restricted location when such person possesses a firearm, rifle, or shotgun and enters or remains on or in private property where the owner or lessee has clearly and conspicuously indicated by signage or personal communication that firearms are not permitted.[2]
As originally enacted, the CCIA established a default rule presuming that firearms were prohibited on all private property unless the owner affirmatively posted signage permitting them. This reversed the traditional default by requiring property owners to "opt in" to allowing firearms rather than "opt out."[4]
Federal Court Modifications
Several CCIA provisions have been modified or struck down through federal litigation. In December 2023, the Second Circuit issued a consolidated decision in Antonyuk v. James addressing multiple challenged provisions:[5]
- Private property default rule: The Second Circuit struck down the default presumption that firearms are prohibited on private property open to the public. Businesses are no longer required to post signage affirmatively permitting firearms. Instead, the traditional rule applies: firearms are permitted on business property unless the owner posts signage prohibiting them.
- Places of worship: The ban on firearms in places of worship was struck down. Licensed carriers may now carry in places of worship unless the religious institution has explicitly prohibited firearms on its premises.
- Most sensitive locations: The Second Circuit upheld the sensitive location restrictions for government buildings, schools, public transit, parks, and most other enumerated locations.[6]
In April 2025, the U.S. Supreme Court declined certiorari in Antonyuk v. James, leaving the Second Circuit's decision in place.[7]
Penalties and Collateral Consequences
Both PL 265.01-d and PL 265.01-e are Class E felonies. A conviction carries up to four years in state prison, and probation or conditional discharge may be available for first-time offenders.[1] However, a felony conviction results in the automatic revocation of the defendant's firearms license and a permanent prohibition on firearm possession. This collateral consequence means that even a sentence of probation without incarceration permanently strips the defendant of the right to possess firearms in New York.[8]