The Future of Concealed Carry Guns in New York May Affect Us All

A unique case provides an opportunity for The Supreme Court to speak on the nature of the Second Amendment At issue in New York State Rifle & Pistol Association (NYSRPA) , Inc., et al., Petitioners v. Kevin P. Bruen, in His Official Capacity as Superintendent of New York State Police, et al is whether New York State’s restriction on individual firearms carry outside the home is a violation of the Second Amendment. This case focuses on an individuals’ rights to carry guns outside of the home for self-defense. It is contextually relevant to mention how different states issue their concealed carry weapon permits: on either a shall issue basis, or a may issue basis — unlike many aspects of the law these two paradigms are quite clear at their face. In shall issue states when an individual applies for a license to concealed carry a weapon, and it is legal for them to possess a firearm, they are issued a permit to carry. In may issue states the same procedure is followed, but the applicant for a permit must possess a valid reason; the exact statute at issue in NYSRPA v. Bruen states that individuals must have “proper cause” which can be satisfied by demonstrating “a non-speculative need for armed self-defense.” As the petitioners in this case could not show that non-speculative need, they were denied a concealed carry license by Mr. Bruen. That lawsuit was dismissed by the second circuit (which covers New York), and petitioners appealed to […]

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