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DOES THE 2ND AMENDMENT GUARANTEE A RIGHT TO CONCEALED CARRY?

Does the 2nd Amendment guarantee a right to concealed carry?

 

The law-suit that many in the gun community have been waiting for is finally here.  This week - on the heels of the landmark U.S. Supreme Court decision in McDonald v. City of Chicago - the Second Amendment Foundation (SAF) filed a federal civil rights case in New York seeking a permanent injunction against enforcement of a state law that allows concealed carry, also known as CCW, licenses to be denied because applicants cannot show "good cause" for obtaining a permit.  The lawsuit asserts that the requirement to demonstrate "good cause" for the issuance of a permit violates the Second Amendment.  See Kachalsky v. Cacase, U.S. Dist. Ct. S.D. N.Y. 10-05413. 

 

The SAF is joined in the suit by two Westchester County residents who were denied permits because they "could not demonstrate a need for self protection distinguishable from that of the general public."  The plaintiffs contend that American citizens, including New York citizens, should not have to demonstrate "good cause" in order to exercise a constitutionally-protected civil right.

 

Commenting on the suit, SAF Executive Vice President, Alan Gottlieb, stated "Thanks to our recent victory before the Supreme Court [in McDonald], the Second Amendment now applies to state and local governments. Our lawsuit is a reminder to state and local bureaucrats that we have a Bill of Rights in this country, not a Bill of Needs'."

 

Get ready for another round of historical Second Amendment litigation.  Do not, however, expect a quick result.  In my opinion, the issues presented by this suit will ultimately be resolved by the Justices sitting on the United States Supreme Court when the case finally gets there.

 

Until then, stay tuned....


2 Comments

In Michigan their are certain laws around gun rights that contradict state law. How would you handle an issue if a law that prohibits a persons rights is used against your client, but violation of a different state law?

This is a very very interesting case. I realize this is nearly a year old but I'm wondering what, if any, progress this has made toward the higher courts. Sometimes I wish I'd gone into constitutional law rather than becoming a criminal defense attorney because I find it fascinating.

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