NY Court Ruling: Citizens Need ‘Proper Cause’ to Concealed Carry

by John Haughey, Outdoor Life  |  published on December 6, 2012

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.”

No comments yet - you can be the first!

Comments are closed.


All Things Gun Related

Whether you’re into AR-15s, AKs, carbines, shotguns, self-defense pistols, or hunting rifles, American Firearms Review will provide you with the most up to date product reviews, news, and everything else you need to know about firearms and accessories. Join over 1,000,000 avid gun owners who trust American Firearm Review for their daily dose of Second Amendment news and reviews.

We know how important your privacy is and your information is SAFE with us. We’ll never sell
your email address and you can unsubscribe at any time directly from your inbox.
View our full privacy policy.