The Concealed Carry Improvement Act (CCIA) created separate location-based offenses in Penal Law Sections 265.01-d and 265.01-e. Section 265.01-d addresses specified private property, while Section 265.01-e addresses sensitive locations. Each offense is classified as a Class E felony. Current enforceability must be read together with the federal court decisions described below.[1][2]
PL 265.01-e: Sensitive Locations
Section 265.01-e applies when a person possesses a firearm, rifle, or shotgun in a sensitive location and knows or reasonably should know that the location is sensitive. The statute lists numerous categories, including government-administration buildings, health-care locations, schools, public transportation, establishments licensed for on-premises alcohol consumption, specified entertainment venues, polling places, Times Square, public parks, and places of worship. The current place-of-worship provision excludes persons responsible for security at that place of worship. Other statutory exceptions also apply to specified law-enforcement, military, security, and official activity.[2]
PL 265.01-d: Written Rule and Current Injunction
On its face, Section 265.01-d creates an affirmative-permission rule. The statutory text covers private property when the owner or lessee has not permitted firearm possession through clear and conspicuous permission signage or express consent. The statute does not require the owner to post a prohibition sign before the written offense applies.[1]
That written rule is not fully enforceable. On May 18, 2026, the Second Circuit affirmed a permanent injunction prohibiting enforcement of Section 265.01-d as applied to private property open to the public. The decision was Christian v. James. The court separately upheld the public-parks provision against the facial challenge before it and did not decide the plaintiffs' unpreserved as-applied challenge concerning rural parks.[3]
What the Court Ruling Does Not Do
- The permanent injunction is expressly limited to Section 265.01-d as applied to private property open to the public.
- It does not convert every business into a lawful carry location. A property can also fall within an independently regulated sensitive-location category, such as an establishment licensed for on-premises alcohol consumption or a listed entertainment venue.
- It does not prevent an owner or lessee from withholding or revoking permission to enter or remain with a firearm.
- It does not invalidate Section 265.01-e as a whole.
Places of Worship
The current statute identifies a place of worship as sensitive, except for persons responsible for security there. In the 2024 Antonyuk v. James decision, the Second Circuit held that the 2023 statutory amendment mooted one plaintiff's challenge because he and his church security team could be designated as responsible for security. The court vacated the related preliminary injunction in Antonyuk, while explaining that a separate preliminary injunction in Spencer remained effective for the plaintiffs in that case. These case-specific orders should not be described as a general statewide repeal of the place-of-worship provision.[4]
Penalties and License Consequences
Sections 265.01-d and 265.01-e classify the offenses as Class E felonies. Penal Law Section 70.00 sets a maximum indeterminate term of four years for a Class E felony, but the sentence imposed depends on the applicable sentencing statutes and the facts of the case. Penal Law Section 400.00 states that convictions under Sections 265.01-d and 265.01-e are felonies for which firearm licensure will be revoked. A conviction can also affect later possession and licensing eligibility, subject to the person's record and any relief available under law.[5][6]