Goldberger v. James: FPC Challenges the Times Square Gun Ban

On March 20, 2026, the Firearms Policy Coalition filed Goldberger v. James (No. 7:2026cv02325) in the U.S. District Court for the Southern District of New York, directly challenging the Times Square gun-free zone established under the Concealed Carry Improvement Act (CCIA) ^[1].

What the Lawsuit Challenges

The complaint targets the CCIA's designation of Times Square as a "sensitive location" where, subject to statutory exceptions, concealed carry is prohibited even for individuals holding valid New York concealed carry licenses. The plaintiffs argue the Times Square ban violates the Second and Fourteenth Amendments under the framework established in NYSRPA v. Bruen (2022).

Relationship to Frey v. City of New York

Frey involved overlapping challenges to New York City carry and licensing rules. The Second Circuit's September 19, 2025 opinion affirmed the denial of preliminary relief and remanded. It did not finally resolve the merits of every challenged rule. Goldberger must therefore be tracked on its own docket rather than treated as foreclosed by a final constitutional holding in Frey.^[2]

Parties

Plaintiff Yehuda Goldberger holds valid concealed carry licenses. Defendants are Attorney General Letitia James, New York State Police Superintendent Steven G. James, NYPD Commissioner Jessica Tisch, and New York County District Attorney Alvin Bragg. The FPC seeks a permanent injunction against enforcement of the Times Square carry ban.

Current Status

As of April 2026, the case is in its early stages. No motion for preliminary injunction has been filed. The case will proceed before the Southern District of New York, a different court than the one that decided Frey.

What This Means

The Times Square gun-free zone remains in full effect. This lawsuit does not change the current legal obligations of concealed carry license holders. Carrying a firearm in Times Square remains a criminal offense under the CCIA. If the court ultimately strikes down the ban, the ruling would apply only to Times Square -- other CCIA sensitive locations would remain enforceable unless separately challenged.