New York Withdraws Unconstitutional Social Media Background Check for Firearm Carry

Gun Owners of America (GOA) and Gun Owners Foundation (GOF) announce a significant legal victory in the ongoing battle against New York’s restrictive and misnamed “Concealed Carry Improvement Act.” In a Stipulation of Partial Settlement filed in the United States District Court for the Northern District of New York, State Defendants have officially consented to an injunction against the enforcement of N.Y. Penal Law § 400.00(1)(o)(iv).
This now-enjoined provision required applicants for a concealed carry license to submit a list of their former and current social media accounts from the past three years to confirm their “character and conduct.”
Key Takeaways from the Settlement:
- State Defendants have consented to the entry of a permanent injunction against their enforcement of the social media requirement.
- The Superintendent of the New York State Police is now explicitly required to ensure that the PPB-3 license application form does not include language requiring social media information.
- The remainder of the ongoing litigation will continue to target other statutory provisions, including N.Y. Penal Law § 265.01-d and various “sensitive locations” enumerated in N.Y. Penal Law § 265.01-e where the public carry of firearms for self-defense in prohibited, such as public parks, zoos, and places licensed for alcohol consumption.
The lawsuit, Antonyuk v. James, No. 1:22-cv-986-GTS-PJE (N.D.N.Y.), represents a broader, ongoing constitutional challenge to New York’s aggressive and unconstitutional post-Bruen gun control regime. By forcing the state to abandon its invasive social media check, GOA and GOF have secured a crucial win for both the Second Amendment and the privacy rights of New Yorkers.
Erich Pratt, Senior Vice President of Gun Owners of America, issued the following statement: “New York’s ‘Concealed Carry Improvement Act’ is a smokescreen. This law has never been about improving concealed carry for law-abiding citizens but instead is a calculated effort to disarm as many New Yorkers as possible. We will continue fighting this unconstitutional law in court, including New York’s onerous location restrictions.” Read more












