ROCHESTER, N.Y. (WHEC) — A recent U.S. Supreme Court ruling could affect gun laws in New York State.
Last week, the Supreme Court overturned a Hawaiian law that required concealed carry gun owners to get explicit permission from business owners before entering their business. That was known as “the vampire rule” and New York has something similar.
News10NBC’s Tom Kowalski spoke with legal experts and business owners about what could be coming to New York. The law has been dubbed “the vampire rule” because, like a vampire, gun owners would need explicit permission from business owners before entering a business, like a sign on the front of Nick Tahou’s. Alex Tahou, the owner of Nick Tahou’s, wants to see the law overturned.
“I guess I feel like it should be a business’s personal choice whether or not they announce it,” Tahou said.
Tahou feels like the government should have no say in how a business treats its customers.
“I understand at the convention center, if you’re going to have to announce that you have a gun, which is a good idea. A lot of times you go to the store, you see a sign up, ‘guns allowed.’ And so I think the operator should be the one that chooses, not the government,” Tahou said.
But how similar is New York’s law to Hawaii’s law that was struck down? Cory Missell, senior counsel with the law firm Tully Rinckey, said the two laws are essentially the same in every way that’s relevant to the Supreme Court decision.
“Any public-facing private property in Hawaii, it was required that any concealed carry owner get permission from the land owner in order to go on that land,” Missell said. “The Supreme Court did strike that down as unconstitutional, a violation of the Second Amendment right to carry and bear arms. New York does have a similar piece of legislation.”
There’s no word on if or when New York’s law may be overturned. If a business doesn’t want concealed carry allowed on its property, the owner can put up a sign saying firearms are not allowed, as long as it applies to everyone, not just those who conceal-carry guns.
