Explore The NRA Universe Of Websites

APPEARS IN News

NYC’s Subway System: Sensitive Place? No. Senseless Violence? Yes.

Monday, January 13, 2025

NYC’s Subway System: Sensitive Place? No. Senseless Violence? Yes.

In the 2008 District of Columbia v. Heller U.S. Supreme Court decision, Justice Antonin Scalia contemplated potential location restrictions governments could impose on the exercise of Second Amendment rights. Justice Scalia noted that the Heller decision’s determination that the Second Amendment protects an individual right to keep and bear arms did not cast doubt on the validity of “laws forbidding the carrying of firearms in sensitive places such as schools and government buildings.”

When the Court confirmed that there is a Second Amendment Right-to-Carry outside the home for self-defense in New York State Rifle & Pistol Association v. Bruen (2022), Justice Clarence Thomas expounded upon the “sensitive place” question. Justice Thomas noted,

the historical record yields relatively few 18th- and 19th-century “sensitive places” where weapons were altogether prohibited—e.g., legislative assemblies, polling places, and courthouses—we are also aware of no disputes regarding the lawfulness of such prohibitions… We therefore can assume it settled that these locations were “sensitive places” where arms carrying could be prohibited consistent with the Second Amendment. And courts can use analogies to those historical regulations of “sensitive places” to determine that modern regulations prohibiting the carry of firearms in new and analogous sensitive places are constitutionally permissible.

Justice Thomas went on to note that New York’s attempts expand the notion of “sensitive place” well beyond any reasonable parameters were unacceptable.

...expanding the category of “sensitive places” simply to all places of public congregation that are not isolated from law enforcement defines the category of “sensitive places” far too broadly. [New York’s] argument would in effect exempt cities from the Second Amendment and would eviscerate the general right to publicly carry arms for self-defense...

Despite Justice Thomas’s command, in the wake of the Bruen case an intransigent New York set about prohibiting firearms in all manner of what the state dubiously defined as “sensitive locations.” Perhaps the most transparently ludicrous so-called “sensitive location” is the New York City subway.

NY PENAL § 265.01-e. “Criminal possession of a firearm, rifle or shotgun in a sensitive location,” provides,

1. A person is guilty of criminal possession of a firearm, rifle or shotgun in a sensitive location when such person possesses a firearm, rifle or shotgun in or upon a sensitive location, and such person knows or reasonably should know such location is a sensitive location.

2. For the purposes of this section, a sensitive location shall mean:

…

(n) any place, conveyance, or vehicle used for public transportation or public transit, subway cars, train cars, buses, ferries, railroad, omnibus, marine or aviation transportation; or any facility used for or in connection with service in the transportation of passengers, airports, train stations, subway and rail stations, and bus terminals;

Of course, the New York City subway system shares almost nothing in common with the “sensitive places” the U.S. Supreme Court outlined in Heller and Bruen. Almost no place could be less analogous to the Court’s enumerated locales.

Some Americans might struggle to name a less “sensitive place” east of Los Angeles’s Skid Row. Others might wonder how any place that so openly tolerates, or even domiciles, vagrants, criminals, and the violently mentally ill could ever be described by that adjective.

The Manhattan Institute’s City Journal has been at the forefront of covering New York City’s degraded public transit. In a piece from last summer titled, “How to Get the Subways Under Control,” former NYPD Commissioner William Bratton and Manhattan Institute Fellow Rafael Mangual noted,

In a 2022 Quinnipiac poll, just 15 percent of New Yorkers said that they felt “very safe” on the subways. This spring, a survey by the Citizens Budget Commission of New York found that 78 percent of residents did not feel safe riding the subway at night last year—a 24-percentage-point increase from 2017.

A December 2024 piece from Mangual titled, “When Will New York City Get Serious About Subway Safety?,” explained,

Between 2000 and 2019, the New York City subways saw an average of 2.2 murders per year. Since 2020, the city has averaged eight murders a year—a nearly four-fold increase—despite significantly lower ridership, which means that the risk of such incidents is even higher than the raw numbers suggest.

The New York subway has gotten so bad that the citizen volunteer group the Guardian Angels has begun patrolling the system again.

Then there are the shocking incidents that put an exclamation point on just how unsensitive the New York Subways are.

On December 22, a woman sleeping on a Brooklyn subway train was allegedly set ablaze by a man in the country illegally. The aftermath of the grotesque act was captured on video and widely shared on social media. The 57-year-old victim died of her injuries.

On January 1, a man in Manhattan’s Chelsea neighborhood was minding his own business when he was pushed from behind and onto the subway tracks just before an oncoming train pulled into the station. According to the New York Times, the 45-year-old victim suffered “a ruptured spleen, four broken ribs and a fractured skull.” The alleged perpetrator has been charged with attempted murder.

Describing the alleged perpetrator’s criminal history, the Times noted that he,

had a string of arrests for assault, harassment and weapons possession, according to police and court records. He has an open case in Brooklyn criminal court, where he is facing harassment and assault charges for throwing bleach on a woman and trying to kick down her door, according to a criminal complaint.

Once again, the disgusting act was captured on video.

On January 8, the New York Post reported on the alleged attack of a prominent woman at Manhattan’s 23rd street subway station. According to the Post, the victim took to social media to explain that as she entered the station, “an individual with a shopping cart began screaming at me and spat in my hair.” The Post reported that she went on to note, “I am shaken, with a bruised ankle and a sore shoulder from being pushed into the wall.” The post explained that a suspect was caught at the station, but that he “was released on a desk appearance ticket.”

The Post and others took particular interest in the story because the alleged victim is an advocate for Manhattan’s new congestion pricing toll, which has the effect of urging more people to utilize New York’s subway system.

With the New York politicians unwilling to budge on gun-free zones, and seemingly unwilling to ensure safety on the New York subways, it is incumbent on the courts to ensure citizens can exercise their right to defend themselves in this most unsensitive place.

TRENDING NOW
Virginia Gun Shops Brace for the New Jerseyfication of the Commonwealth

News  

Monday, September 28, 2026

Virginia Gun Shops Brace for the New Jerseyfication of the Commonwealth

Jay Jones, the anti-gun but pro-bullets to the head Virginia attorney general, announced on September 15 the creation of the Firearms Accountability & Industry Responsibility (FAIR) Unit within the Civil and Criminal Justice & Public ...

DOJ Calls Time on Minnesota’s Second Amendment Waiting Game

News  

Monday, September 28, 2026

DOJ Calls Time on Minnesota’s Second Amendment Waiting Game

For too long, Minnesota Governor Tim Waltz and his anti-gun allies in the state have treated the exercise of a constitutional right as something subject to government permission and whatever wait is required for the ...

Support of Self-Defense for Law-Abiding Citizens Continues to Spread Globally

News  

Monday, September 28, 2026

Support of Self-Defense for Law-Abiding Citizens Continues to Spread Globally

In spite of some countries deciding they cannot trust their own citizens with firearms, other countries seem to be rejecting this policy…at least a bit.  

U.S. Department of Justice Declares Age 18-20 Handgun Sales Ban Unconstitutional

News  

Wednesday, September 23, 2026

U.S. Department of Justice Declares Age 18-20 Handgun Sales Ban Unconstitutional

On September 17, the Department of Justice’s Office of Legal Counsel (OLC) issued a memorandum opinion to answer the question “whether restricting young adults from buying firearms comports with the Second Amendment as the Supreme ...

California: Newsom Takes One Last Shot at the Second Amendment as Governor

Monday, September 28, 2026

California: Newsom Takes One Last Shot at the Second Amendment as Governor

On Saturday, Governor Gavin Newsom inked his signature to six anti-gun bills, continuing his attack on law-abiding gun owners as he closes his final months as the Governor of California. Since taking office in 2019, ...

NRA Files Amicus Brief Urging SCOTUS to Review Lawsuit Blaming Firearm Ads for Criminal Acts

Friday, September 25, 2026

NRA Files Amicus Brief Urging SCOTUS to Review Lawsuit Blaming Firearm Ads for Criminal Acts

Today, the National Rifle Association and Second Amendment Foundation filed an amicus brief urging the U.S. Supreme Court to grant review in Daniel Defense, LLC v. Lowy. The case asks whether firearm manufacturers can be sued ...

NRA Files Amicus Brief Urging SCOTUS to Hear Challenge to Maine’s 72-Hour Waiting Period Law

Thursday, September 24, 2026

NRA Files Amicus Brief Urging SCOTUS to Hear Challenge to Maine’s 72-Hour Waiting Period Law

The National Rifle Association and Second Amendment Foundation filed an amicus brief urging the U.S. Supreme Court to grant review in Beckwith v. Frey, a challenge to Maine’s 72-hour waiting period requirement for firearm purchases.

“Law abiding citizens with an AR-15 are not a threat to anyone” — Law Enforcement Groups Weigh in on Supreme Court “Assault Weapons” Cases

News  

Wednesday, September 23, 2026

“Law abiding citizens with an AR-15 are not a threat to anyone” — Law Enforcement Groups Weigh in on Supreme Court “Assault Weapons” Cases

The Trace, the “newsroom” funded by anti-gun extremist Michael Bloomberg, reported in June on the extent to which the NRA-backed NYSRPA v. Bruen case has, to date, rebuilt the modern Second Amendment landscape.

NRA Files Amicus Brief Urging SCOTUS to Hear Challenge to Ban on Firearms Possession by Nonviolent Felons

Thursday, October 1, 2026

NRA Files Amicus Brief Urging SCOTUS to Hear Challenge to Ban on Firearms Possession by Nonviolent Felons

Today, the National Rifle Association, joined by the Firearms Policy Coalition and Second Amendment Foundation, filed an amicus brief urging the U.S. Supreme Court to hear a challenge to the federal lifetime prohibition on firearms ...

Jive Turkeys: Everytown Gears Up to Spoil Thanksgiving with Gobbledygook

News  

Monday, November 17, 2025

Jive Turkeys: Everytown Gears Up to Spoil Thanksgiving with Gobbledygook

Thanksgiving in America isn’t just about food, family and football. According to a survey published by casino.ca (with its Great Thanksgiving Family Feud Map), the holiday typically “comes with a slice of family chaos and a touch of ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.