Today I would like to share with you the United States Supreme Court case regarding guns decided upon on June 23, 2022. You may read it in its entirety by clicking on the PDF link at the end of this post:
NEW YORK STATE RIFLE & PISTOL ASSOCIATION, INC., ET AL. v. BRUEN, SUPERINTENDENT OF NEW YORK STATE POLICE, ET AL.
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT
No. 20–843. Argued November 3, 2021 — Decided June 23, 2022
The State of New York makes it a crime to possess a firearm without a license, whether inside or outside the home. An individual who wants to carry a firearm outside his home may obtain an unrestricted license to “have and carry” a concealed “pistol or revolver” if he can prove that“proper cause exists” for doing so. N. Y. Penal Law Ann. §400.00(2)(f ).An applicant satisfies the “proper cause” requirement only if he can“demonstrate a special need for self-protection distinguishable fromthat of the general community.” E.g., In re Klenosky, 75 App. Div. 2d 793, 428 N. Y. S. 2d 256, 257. Petitioners Brandon Koch and Robert Nash are adult, law-abidingNew York residents who both applied for unrestricted licenses to carrya handgun in public based on their generalized interest in self-defense. The State denied both of their applications for unrestricted licenses,allegedly because Koch and Nash failed to satisfy the “proper cause” requirement. Petitioners then sued respondents—state officials who oversee the processing of licensing applications—for declaratory and injunctive relief, alleging that respondents violated their Second andFourteenth Amendment rights by denying their unrestricted-license applications for failure to demonstrate a unique need for self-defense.The District Court dismissed petitioners’ complaint and the Court ofAppeals affirmed. Both courts relied on the Second Circuit’s prior decision in Kachalsky v. County of Westchester, 701 F. 3d 81, which had sustained New York’s proper-cause standard, holding that the requirement was “substantially related to the achievement of an important governmental interest.” Id., at 96.:
View the entire PDF here: US Supreme case re guns