Upstate concealed carry case sets stage for major gun rights review

ALBANY — Gun rights activists are hoping a New York legal battle headed to the nation’s highest court will determine whether residents have the same right to concealed carry permits as people in 42 other states with less restrictive firearms laws. Gov. Andrew Cuomo and other proponents of stringent gun control statutes are hoping New York’s statute giving discretion to the permit issuing authority in each county will be upheld. The case is expected to produce the most significant ruling on Second Amendment rights since 2010. It has its origins in upstate Rensselaer County, where two men, Robert Nash and Brandon Koch, along with the New York State Rifle & Pistol Association, mounted a legal challenge after a local judge determined the men did not sufficiently show why they needed handguns outside the home for self-defense. The New York law says the licensing authority "may" issue concealed carry permits, resulting in a patchwork of county-to-county approaches in how the applications are evaluated. Those challenging the statute argue New York has effectively been stripping its residents of their constitutional right to firearms unless the applicants can prove there is an "especially good reason" for wanting guns. "If they affirm the right of New York residents to have a concealed carry permit, what they are doing is reaffirming that the Second Amendment is not just a right that is guaranteed in your home but that it’s guaranteed anywhere," Tom King, president of the state Rifle & Pistol Association, told CNHI. "And […]

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