N.Y. ’Proper Cause’ Law for Carrying Gun Upheld by Court
A three-judge panel in Manhattan today upheld a lower court’s dismissal of a lawsuit filed by five people who were denied full-carry concealed handgun permits in New York. They sued along with the Second Amendment Foundation, a Bellevue, Washington, group that supports gun rights. A federal court in White Plains, New York, threw out the case in September 2011.
In its opinion, the appeals court said that the state has “a fair degree of latitude” to regulate the possession and use of guns in public without violating the Constitution.
“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,” U.S. Circuit Judge Richard Wesley wrote in the opinion.
The case is Kachalsky v. County of Westchester, 11-3642, U.S. Court of Appeals for the Second Circuit (Manhattan).
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