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NY Concealed Carry Law In Danger

A man denied a concealed carry permit and a Second Amendment group he is a member of filed a federal lawsuit last week arguing New York’s licensing scheme is unconstitutional.

Refused a permit was Robert Nash, who joined with the New York State Rifle and Pistol Association — the NRA’s state affiliate — in filing a legal challenge against the state’s pistol permit laws and practice. Named as defendants in the suit are State Police Superintendent George Beech and state Supreme Court Justice Richard McNally, the latter of which refused to issue Nash a permit because, while the man passed the needed background checks, he could not show a “special need” to carry a firearm in public.

“New York’s law claims to be a licensing scheme, but because licenses are only granted to a tiny percentage of New York citizens who can demonstrate they face an immediate, specific threat, in practical effect the law operates for most New Yorkers as a flat an on carrying firearms for self-defense,” said Tom King, NYSRPA president.

According to the filing, Nash, who has all the qualifications outlined by New York law to apply for a permit, tried to obtain one in Rensselaer County in 2014. After waiting seven months he was granted a license marked, “hunting, target only” which did not allow him to carry a gun in public for self-defense. Citing a string of robberies in his neighborhood as a good cause to carry, and showing he had completed advanced firearms training courses, Nash appealed to Justice McNally, the licensing officer for the county, to have the hunting and target restriction lifted. In 2016, McNally denied Nash’s request, saying that he did not “demonstrate a special need for self-defense that distinguished him from the general public.”

Challenges to so-called “good cause” requirements for concealed carry permits have resulted in a mixed bag of decisions in federal courts in recent years. While the U.S. 9th Circuit struck several strict “may-issue” policies in California in 2014, a larger panel reversed that decision in 2016, which was ultimately upheld by the Supreme Court. Meanwhile, in Washington D.C., local officials threw in the towel last year when it came to defending their own “good reason” requirement which denied more licenses than were granted after suffering a string of setbacks in the court.

Richard Azzopardi, a spokesman for Gov. Andrew Cuomo, called the latest lawsuit “disturbing, but not surprising that the mini-NRA is once again seeking to waste taxpayer money on a frivolous lawsuit to make New York less safe.”

source: guns.com

10 Comments

  • Calvin Heinen

    Not only do we “The American People” need to replace the entire US Congress, All US Federal Judges and Supreme Court Justices must be replaced AND with TERM LIMITS. The good old boy club just goes on and on year after year decade after decade. No where does it state in the Declaration of Independence, OUR Constitution or Bill of Rights that these people in these positions have a LIFE TIME TERM.

    Reply

  • Eddie G.

    NY residents always vote Democrat so they get what they voted for.

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    • Kenn

      Eddie G, do you forget what the NY voter map looks like every election? Your statement isn’t true. The Dems win out by a narrow margin only because of the larger cities in the State. And it is very unfortunate that New Yorkers are treated in such manner by any elected officials, Dem or Rep. So, please, instead of blaming this repugnant behavior on the voters, let’s hold the Public Servants (because THAT is exactly what they were elected to be) responsible for their actions AGAINST the very people they swore to serve.

      Reply

  • Richard Gieser

    Yet many, if not most politicians, carry guns and are frequently surrounded by their taxpayer funded guns.

    Reply

  • rick meek

    NY is a chithole and must and will go the way of CA……
    It’s the cities that control the state but americans are always so sheepish…..

    Reply

    • Famquat

      I hope this lawsuit makes it to the Supreme Court on appeal because it is unlikely that anything within the state will be overturned. The “less safe” Cuomo remark reminds me of when Florida passed their concealed carry laws to make it a shall issue license in the mid-90’s the national press was warning travelers not to go to the state or risk a bloodbath if they did. Kinda didn’t happen. Florida became MORE SAFE and other states figured out that this was a good outcome and passed their own.

      Reply

  • GENUG

    Support Dan Schorr for Latimer’s old seat!!!

    Reply

  • Paul Dionne

    I find the claim that he did not show a valid reason beyond what the “general public” face confusing, especially considering the fact that NYC won a law suit, Riss v. New York, 22 N.Y.2d 579 (N.Y. 1968), where Riss was denied a CCW permit after showing she was being harassed and stalked. She later has acid thrown in her face by the stalker. The US Supreme Court ruled that NYC held no duty to protect her, but owed their duty to the public in general. I believe that NY and NYC are playing a double edged sword and this case raises light to the public’s right to hold a CCW in that the court already ruled the police do not have to protect private individuals. I may be reading it wrong, but the ruling sure says that everyone is responsible for protecting themselves, and the police will protect the general public, not the individual! How do you read it???

    Reply

    • Famquat

      Excellent remark. Researched and presented with sound footing. My hat off to you Paul. Well done. I can only hope that the law firm representing Robert Nash is as diligent in their research!

      Reply

  • swampfox2

    Democrats running most states have always been in favor of more “gun control”. The only problem is that what they are really practicing is “people control” (which they excel at).

    Reply

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