Second Circuit Revives NYC Gun Licensing Challenges on Carry Limits and Waiting Period

Three New York City handgun buyers won a partial victory on Tuesday when the U.S. Court of Appeals for the Second Circuit revived several of their claims against the city’s gun licensing rules. The panel restored challenges to the one‑handgun carry limit, the 90‑day waiting period between purchases, and the cap of two handguns on a carry license.

What the court decided

The appellate judges said the lower court was correct to dismiss some claims for lack of jurisdiction, but they disagreed that the three remaining claims should have been thrown out at the first step of the Supreme Court’s Bruen test. That first step asks whether a regulation falls within the ordinary meaning of the Second Amendment. The judges held that the city’s rules do fall within that inquiry and must move to the second step, which requires the government to show a historical tradition supporting the regulation.

Background of the lawsuit

In December 2024, U.S. District Judge Jed Rakoff dismissed the case, finding that the administrative regulations did not permanently deprive applicants of their right to own and carry firearms. The plaintiffs—Charles Mills, Craig Sotomayor and Braden Holliday—argued that the waiting period and the limit on a backup concealed handgun effectively bar their Second Amendment rights. Holliday also contested the city’s $428.50 application and renewal fees, but that claim remained dismissed.

Implications for gun owners

The decision means that the one‑handgun carry limit, the 90‑day waiting period, and the two‑handgun registration cap will be examined on their merits. New York City’s Law Department said it is reviewing its options, and the case has been sent back to the Southern District of New York for further proceedings. Until the district court rules on the merits, the existing limits stay in place.

What affected New Yorkers should do

Anyone who holds a New York City carry license or plans to purchase a handgun should monitor the case as it moves forward. If you believe the city’s rules infringe on your rights, you may consider filing a claim or joining the existing lawsuit, but be aware that the court has not yet ruled on the constitutionality of the regulations. Keeping records of your license applications, purchase dates, and any communications with the city can be helpful if the case proceeds.

Consulting an attorney experienced in firearms law can clarify your options and help you respond if the city’s policies change after the final ruling.

This article is general information based on Courthouse News Service and court or agency records available at publication time. It is not legal advice; laws and deadlines differ by state and by case. Published November 11, 2026.