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NY Court Ruling: Citizens Need 'Proper Cause' to Concealed Carry

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December 05, 2012
NY Court Ruling: Citizens Need 'Proper Cause' to Concealed Carry - 2

The 2nd US Circuit Court of Appeals in New York has ruled that your Second Amendment rights end at your doorstep.
   
The three-judge panel ruled unanimously on Nov. 27 that once you step into the public domain, the state has the right to regulate if you can legally carry a handgun for "safety reasons."
   
Therefore, the court ruled, it is constitutionally permissible for the state to demand handgun permit applicants show "proper cause" for carrying a weapon in public.
   
The ruling in Kachalsky v. City of Westchester means that New York State can continue to require that concealed-carry handgun license applicants spell out a particular need or "proper cause" for self-protection before a bureaucrat will "allow" them to exercise their Second Amendment rights.
   
The Second Amendment Foundation spearheaded the legal challenge of New York's restrictive laws on behalf of five Westchester County residents who were denied permits because they couldn't provide "proper cause" to carry a handgun in public.
     
“Outside the home, firearm rights have always been more limited, because public safety interests often outweigh individual interests in self defense," wrote Judge Richard Wesley, one of the three judges.
   
It is uncertain if the 2nd Circuit Court's decision will influence how the 4th US Circuit Court of Appeals rules in a similar case under review in Richmond, Va.
   
In Woollard v Gallagher, Raymond Woollard and the Second Amendment Foundation argue that Maryland violated Woollard's Second and 14th amendment rights by refusing to renew his concealed carry permit on the basis that he "had not demonstrated a good and substantial reason to wear, carry or transport a handgun as a reasonable precaution against apprehended danger."
   
The Second Amendment Foundation has vowed to appeal the New York decision and is confident it will win in Maryland, said SAF attorney Larry Gura.
   
"People have the right to carry weapons of self-defense," Gura told the Washington Times. "The state cannot require a special need or cause to do so. It is a right that is being regulated."
   
Many legal experts say one, or both, of these appellate court decisions are likely to be appealed until they come before the Supreme Court.
   
For more, go to:
-- Concealed Carry gun restrictions upheld as 2 Courts raced to rule
   
-- Concealed weapons: US court upholds New York state requirement for permit
   
-- Appeals Court Upholds N.Y. Concealed-Carry Law
   
-- Concealed Weapons Not Protected by the Second Amendment: Court
   
-- Federal court upholds NYS handgun law
   
-- New York handgun law upheld by federal court
   
-- Anti-gun federal panel torpedoes right to carry in New York
   
-- Federal Court Rulings Reaffirm Restrictive Gun Laws
   
-- Federal Court Upholds New York Gun Licensing Law
   
-- Court Of Appeals Panel Upholds Constitutionality Of NY Restrictions On Concealed Weapon Permits

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from Rob Shewmake wrote 1 year 32 weeks ago

If you have any questions regarding the CWP law or training contact www.e2c.us or 1-866-371-6111 and the Instructors at Equip 2 Conceal will be happy to help you.

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from John3006 wrote 1 year 32 weeks ago

The Second Amendment, as part of the Bill of Rights states in part: "...the right of the people to keep and bear arms shall not be infringed". It is also and inalienable right to defend oneself: "in the pursuit of life, liberty, and the pursuit of happiness". What is so difficult to understand these concepts? Rapes, robberies, kidnappings, and other heinous crimes often occur randomly and without provocation. Any assistance from police usually takes at least 10 to 15 minutes once you can make a call, which by that time the crime has been committed and the perpetrator long gone. Defense of your or another's life is often of an immediate nature and requires a direct response without any hesitation. The only logical way to achieve the rapid response necessary is to be armed with a sufficiently powerful weapon to defend oneself against the perpetrator. A concealed handgun for the average person approaches the ideal weapon for such an encounter.

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from John3006 wrote 1 year 32 weeks ago

The Second Amendment, as part of the Bill of Rights states in part: "...the right of the people to keep and bear arms shall not be infringed". It is also and inalienable right to defend oneself: "in the pursuit of life, liberty, and the pursuit of happiness". What is so difficult to understand these concepts? Rapes, robberies, kidnappings, and other heinous crimes often occur randomly and without provocation. Any assistance from police usually takes at least 10 to 15 minutes once you can make a call, which by that time the crime has been committed and the perpetrator long gone. Defense of your or another's life is often of an immediate nature and requires a direct response without any hesitation. The only logical way to achieve the rapid response necessary is to be armed with a sufficiently powerful weapon to defend oneself against the perpetrator. A concealed handgun for the average person approaches the ideal weapon for such an encounter.

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from Rob Shewmake wrote 1 year 32 weeks ago

If you have any questions regarding the CWP law or training contact www.e2c.us or 1-866-371-6111 and the Instructors at Equip 2 Conceal will be happy to help you.

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