By: Daily Record Staff//November 28, 2012
By: Daily Record Staff//November 28, 2012//
U.S. Court of Appeals for the Second Circuit
Proper Cause Requirement — Carry Permits
Kachalsky et al v. City of Westchester et al.
Judges Katzmann, Wesley, and Lynch
Background: The plaintiffs appealed from an order that granted summary judgment to the defendants. The plaintiffs sought declaratory and injunctive relief barring New York State handgun licensing officials from requiring that applicants prove “proper cause” to obtain licenses to carry handguns for self-defense pursuant to section 400.00 (2) (f) of the New York State Penal Law.
Ruling: The Second Circuit affirmed. The plaintiffs had argued that the application of the Penal Law violated their Second and Fourteenth Amendment rights. The Second Circuit found that the proper cause requirement was substantially related to New York State’s compelling interests in public safety and crime prevention.
Alan Gura of Gura & Possessky for the plaintiffs-appellants-cross-appellees; Thomas G. Gardiner, Sr. Assistant County attorney, for the defendant-appellee-cross-appellant County of Westchester; Simon Heller, assistant Solicitor General, for the defendants-appellees