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Kachalsky v. County of Westchester, 701 F.3d 81

Facts

The plaintiffs, Alan Kachalsky and others, applied for full-carry concealed-handgun licenses in New York but were denied because they could not demonstrate 'proper cause'—a special need for self-protection that is distinguishable from that of the general community. They contended that the requirement violated their Second Amendment rights as interpreted in District of Columbia v. Heller. The district court granted summary judgment in favor of the state, concluding that the concealed carrying of handguns in public is outside the core Second Amendment concern of self-defense in the home.

Plaintiffs Alan Kachalsky, Christina Nikolov, Johnnie Nance, Anna Marcucci–Nance, and Eric Detmer (together, the 'Plaintiffs') all seek to carry handguns outside the home for self-defense. Each applied for and was denied a full-carry concealed-handgun license by one of the defendant licensing officers (the 'State Defendants') for failing to establish 'proper cause'—a special need for self-protection—pursuant to New York Penal Law section 400.00(2)(f).

Issue

Does New York's handgun licensing scheme violate the Second Amendment by requiring an applicant to demonstrate 'proper cause' to obtain a license to carry a concealed handgun in public?

Does New York's handgun licensing scheme violate the Second Amendment by requiring an applicant to demonstrate 'proper cause' to obtain a license to carry a concealed handgun in public?

Rule

State laws that restrict individuals' ability to carry firearms in public are subject to intermediate scrutiny and will pass constitutional muster if they are substantially related to the achievement of an important governmental interest.

state law that restricted individuals' ability to carry firearms in public, where Second Amendment guarantees were not at their zenith, was subject to intermediate scrutiny, and would pass constitutional muster if it was substantially related to achievement of important governmental interest.

Analysis

The court applied intermediate scrutiny to New York's licensing scheme, determining that the proper cause requirement was substantially related to the state's interest in regulating firearms and ensuring public safety. The court found that the requirement did not impose a substantial burden on the right to bear arms, as it only affected the ability to carry handguns in public, which is not considered a core Second Amendment right.

The court applied intermediate scrutiny to New York's licensing scheme, determining that the proper cause requirement was substantially related to the state's interest in regulating firearms and ensuring public safety.

Conclusion

The court affirmed the district court's decision, holding that New York's proper cause requirement for handgun licenses does not violate the Second Amendment.

Affirmed.

Who won?

The State of New York prevailed in the case because the court found that the proper cause requirement was constitutional and served an important governmental interest in regulating firearms.

The State of New York prevailed in the case because the court found that the proper cause requirement was constitutional and served an important governmental interest in regulating firearms.

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