New York may be ready to legalize nunchucks, but not carrying guns in public. A district court judge upheld New York’s current concealed-carry law, New York State Penal Law Section 400.00 (2)(f), which requires petitioners to show “proper cause” for the need to carry a loaded firearm outside the home.
New York, like many states in America, allows for guns to be in homes, but carried outside only for hunting purposes. For those that wish to carry firearms outside of the home, a permit must be obtained, based on special circumstances of self-defense.
Case Dismissed for Failure to State a Claim
In dismissing this lawsuit, U.S. District Judge Brenda Sannes found that the Second Circuit precedent set back in 2011 in Kachalsky v. County of Westchester upheld the constitutionality of New York’s state law regarding public carry licenses. The facts in Kachalsky were substantially similar to the facts in Nash’s case, and Kachalsky is binding law on this court. Plaintiffs admit that they were trying to overturn Kachalsky, since there was no alternative facts or legal precedent, but the judge found no valid legal argument to do so.
If you are interested in fighting gun laws in your area, and believe you have adequate legal and factual grounds to do so, contact a local civil rights attorney. The Second Amendment Right to Bear Arms debate is alive and kicking. Everyone has a an equal right to be heard and protected by the U.S. Constitution.
Related Resources:
- Find a Civil Rights Attorney Near You (FindLaw’s Lawyer Directory)
- What’s the Law on Gun Rights Outside the Home? (FindLaw Blotter)
- State-by-State Open Carry Laws in the U.S. (FindLaw Blotter)
You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help
Civil Rights
Block on Trump’s Asylum Ban Upheld by Supreme Court
Criminal
Judges Can Release Secret Grand Jury Records
Politicians Can’t Block Voters on Facebook, Court Rules
