NY Court Ruling: Citizens Need ‘Proper Cause’ to Concealed Carry
The 2nd US Circuit Court of Appeals in New York has ruled that your Second Amendment rights end at your...
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
— [Court Of Appeals Panel Upholds Constitutionality Of NY Restrictions On Concealed Weapon Permits](http://www.nydailynews.com/blogs/dailypolitics/2012/11/court-of-appeals-panel-upholds-constitutionality-of-ny-restrictions-on-concealBloomberg/ refuses Brooklyn’s request for armed National Guard presence)