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NY Permit Scheme for Carrying Guns in Public Upheld

By George Khoury, Esq. on December 18, 2018 | Last updated on March 21, 2019

In a recent federal district court case out of the Northern District Court of New York, a federal judge dismissed the case brought by two gun owners and a gun rights advocacy group challenging the state's public carry licensing scheme.

The plaintiffs in the matter, as the court explained, sought to directly challenge established Second Circuit precedent upholding the state's public carry licensing laws. And while reports indicate that the plaintiffs have not stated whether they plan to appeal, based upon the posture of the argument they're advancing, it's rather likely the case was filed in order to be able to file an appeal (or two).

A Special Purpose

The gun advocates assert that the New York law requiring gun owners to have a special purpose (or need) that sets them apart from the general populace for carrying a firearm in public violates the Second Amendment. Unfortunately for the plaintiffs, their case was doomed from the start, at least at the district court stage, as the Second Circuit upheld the law on nearly the exact same set of facts presented here back in 2012.

However, the gun rights advocates are likely hopeful that the Second Circuit will reconsider its prior decision, or that perhaps the Supreme Court might step in if the Second Circuit fails to rule in their favor. This renewed zeal for dismantling New York's carrying restrictions is believed to be spurred by the recent decision out of Washington, D.C. that gutted the capital's gun control laws.

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