A federal appellate court ruled that New York’s law banning firearms carrying under a so-called “vampire rule” violated the Second Amendment.
Shortly after the Supreme Court struck down New York’s discretionary system for issuing concealed carry permits, Democratic New York Gov. Kathy Hochul signed legislation enacting numerous restrictions on carrying firearms after convening a special session of the state Legislature. A majority of the three-judge panel from the United States Court of Appeals for the Second Circuit ruled that a provision requiring private property owners to post signs allowing concealed carry was unconstitutional.
FPC WIN! The Second Circuit has struck down New York’s private property default carry ban (also known as the “Vampire Rule”), saying it violates the Second Amendment. https://t.co/HUHG2RhJuz pic.twitter.com/RB4nnUZmCh
— Firearms Policy Coalition (@gunpolicy) May 18, 2026
“The Private Property Provision, as applied to private property open to the public, does not fall within our Nation’s historical tradition of gun regulations,” the majority opinion reads.
The law required private property owners who wished to allow concealed carry on the premises to clearly post signs indicating that carrying guns was allowed. In the statement announcing she had signed the legislation, Hochul said the intent was to allow property owners to decide whether to allow concealed carry, and also to inform the general public that concealed firearms might be on the premises, which was dubbed the “vampire rule,” based on the legend that vampires must be invited inside.
“Because many private property owners will likely not post signs indicating whether firearms are permitted or forbidden on their premises, rules like the ones promulgated by New York and Hawaii will effectively prohibit individuals from carrying firearms on any private property, even private property that is open to the general population,” the majority wrote.
United States Circuit Judge Steven Menashi of the Second Circuit, a Trump appointee, concurred with the decision that struck down the “vampire rule,” but added that he would also have struck down the restrictions on carrying in public parks, which the panel upheld. Democratic New York Attorney General Letitia James did not immediately respond to a request for comment from the Daily Caller News Foundation.
“The FPC Grassroots Army put a stake in the heart of New York’s ‘vampire rule’ carry ban today. We’ll keep fighting in this and other cases to eliminate unconstitutional bans on carry in public parks so people can defend their lives in these public places,” Firearms Policy Coalition President Brandon Combs said in a statement, which FPC referred the DCNF to when reached for comment.
All republished articles must include our logo, our reporter’s byline and their DCNF affiliation. For any questions about our guidelines or partnering with us, please contact licensing@dailycallernewsfoundation.org.
DONATE TO BIZPAC REVIEW
Please help us! If you are fed up with letting radical big tech execs, phony fact-checkers, tyrannical liberals and a lying mainstream media have unprecedented power over your news please consider making a donation to BPR to help us fight them. Now is the time. Truth has never been more critical!
Comment
We have no tolerance for comments containing violence, racism, profanity, vulgarity, doxing, or discourteous behavior. Thank you for partnering with us to maintain fruitful conversation.
BPR INSIDER COMMENTS
Scroll down for non-member comments or join our insider conversations by becoming a member. We'd love to have you!
