A three-judge panel of the U.S. Second Circuit on Monday found that New York's controversial “Vampire Rule” on "gun-free zones" is unconstitutional under the Second Amendment.

New York Governor Kathy Hochul signed the "Concealed Carry Improvement Act" into law in July 2022 during an emergency legislative session in response to the U.S. Supreme Court's ruling in New York State Rifle & Pistol Association, Inc. v. Bruen. 

The measure ramped up restrictions on when and where guns could be legally carried in the Empire State. Among these was a mandate that stores and restaurants post "guns allowed" signage and policies, a reversal from the standard "no guns" signs seen elsewhere in the country. 

The mandate quickly became known as the Vampire Rule due to the trope that the mythical bloodsuckers can only enter private property if invited in by the owner, with those otherwise lawfully carrying taking the place of said undead. 

The Second Circuit this week found the Vampire Rule didn't square with the country's historical tradition of gun regulations, as required under the framework outlined in Bruen, agreeing with a District Court's 2024 ruling in Christian v. James. 

"Indeed, not only is this type of regulation not readily identifiable in the context of our Nation’s long history of protecting the 'general right to public carry arms for self-defense' under the Second Amendment but also the likely practical effect of the enforcement of the Private Property Provision will be to significantly hinder the ability of individuals to meaningfully exercise that Second Amendment right to defend themselves in public," wrote Circuit Judge Joseph F. Bianco, a 2006 Bush era appointee to the federal bench, for the panel majority. The other jurists on the panel were Steven Menashi, a Trump appointee, and Eunice C. Lee, a Biden appointee.

"In other words," continued Bianco, "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."

Plaintiffs in the case were Brett Christian, the Firearms Policy Coalition, and the Second Amendment Foundation, while defendants were New York State Police Superintendent Steven James and Erie County District Attorney Michael J. Keane. 

"While today’s ruling strikes down a key pillar of New York’s carry ban law, there’s still plenty of work to be done, including on the issue of carry in parks," said SAF founder and Executive Vice President Alan  Gottlieb in an email to Guns.com. "The ideologues who think they can create ‘sensitive places’ to ban the legal carry of firearms should understand that SAF will continue to fight for the right to keep and bear arms for all Americans, just like we’ve done for more than five decades."

The case will now be sent back to the district court, which will issue a final order in this case.

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