Gun Rights Setback In New York

BY Herschel Smith
1 year, 9 months ago

From NY Daily News:

A federal Court of Appeals panel has rejected a constitutional challenge to New York’s handgun licensing law, a ruling state Attorney General Eric Schneiderman is hailing as a major victory for public safety.

In Kachalsky, et al. v. Cacace, et al, five people from Westchester and The Second Amendment Foundation argued that the state’s gun laws — which require a demonstration of “proper cause” to obtain a concealed-carry permit — violated Second Amendment protections. To qualify under New York’s licensing laws, the applicant has to show “a special need for self protection distinguishable from that of the general community or of persons engaged in the same profession.”

In the case, one plaintiff simply argued the Second Amendment entitled him to carry his weapon without restrictions, in part because “[W]e live in a world where sporadic random violence might at any moment place one in a position where one needs to defend onself or possibly others.”

Two others said they were entitled to the permits because they were gainfully employed citizens in good standing, while another cited his status as a federal law enforcement officer with the U.S. Coast Guard.

The final plaintiff “attempted show a special need for self-protection by asserting that as a transgender female, she is more likely to be the victim of violence.”

The three-judge panel of the court’s Second Circuit, noting that “New York’s efforts in regulating the possession and use of firearms predate the Constitution” and continued with the 1911 Sullivan Law, said none of the plaintiffs demonstrated a qualifying need for self-protection beyond that of any other member of the public.

“As the parties agree, New York has substantial, indeed compelling, governmental interests in public safety and crime prevention,” the ruling says. “The only question then is whether the proper cause requirement is substantially related to these interests. We conclude that it is.”

Schneiderman called the unanimous decision “a victory for New York State law, the United States Constitution, and families across New York who are rightly concerned about the scourge of gun violence that all too often plagues our communities.”

Here is the decision.  This has nothing whatsoever to do with a “scourge of gun violence,” and they know it.  What we know is that there is this nice little summary statement at the end of the decision that looks quite a bit like presupposing the consequent.

… we decline Plaintiffs’ invitation to strike down New York’s one-hundred-year-old law and call into question the state’s traditional authority to extensively regulate handgun possession in public.

Ignoring the split-infinitive in the sentence, they began with the idea that New York could legitimately “extensively regulate handgun possession in public,” and unsurprisingly, that’s exactly where they ended, after paying due homage to New York’s “one-hundred-year-old law,” as if the age of the law has anything to do with its constitutionality.

This is a setback in the march towards recognition of our God-given rights, and unfortunately, fully expected from a New York court.

UPDATE: I had forgotten that Alan Gura was attorney in this case.

Alan Gura, an attorney for the plaintiffs, said: “We’re evaluating our options. I’m confident at some point the Supreme Court will weigh in on the issue.”

“The courts, like this court, have offered that they need more guidance from the Supreme Court,” he said, referring to a passage in the ruling that the Heller decision “raises more questions than it answers.”

Which is what I’ve always said about Heller.  To me the second amendment is clear, and Heller only muddled it.  I guess we’ll have to continue the fight in perpetuity, no?


You are currently reading "Gun Rights Setback In New York", entry #9451 on The Captain's Journal.

This article is filed under the category(s) Firearms,Guns,Second Amendment and was published November 27th, 2012 by Herschel Smith.

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