NY Judge: No Constitutional Right to Carry Concealed Gun


A federal judge in New York has ruled that people do not have a constitutional right to carry a concealed gun in public, rejecting a lawsuit by several residents who challenged the state's gun laws.

In New York a person has to show "proper cause" in order to be granted a concealed weapons license. The suit challenged that, but a judge ruled the law is in the public interest.

"The Supreme Court has repeatedly acknowledged that governments have an important, even compelling, interest in protecting public safety," U.S. District Judge Cathy Seibel wrote, granting the state's motion to dismiss the lawsuit, according to The Journal News.

The lead plaintiff, attorney Alan Kachalsky, said he has already filed a notice of appeal.

"I'm not surprised by the decision," said Kachalsky, saying that the judge followed a strict interpretation of recent Supreme Court rulings in gun cases. "She didn't take the next step. Apparently she left that next step for the higher courts."

Kachalsky predicts he will win on appeal.

"The bottom line is right now some bureaucrat has the right to recommend that I be denied a carry permit based upon this ridiculous standard of New York," he said, "which is that I have to demonstrate a need for self-protection beyond that of the general public. What does that even mean?"

The state Attorney General said it was the right decision.

"This federal court decision is a victory for New York state law, the United States Constitution and families across New York who are rightfully concerned about the scourge of gun violence," Attorney General Eric Schneiderman said.


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