Schneiderman says Supreme Court rejects challenge to N.Y. handgun law

By Bryan Cohen | Apr 15, 2013

NEW YORK (Legal Newsline) - New York Attorney General Eric Schneiderman announced Monday the U.S. Supreme Court declined to hear a challenge to New York state's handgun licensing statute.

By refusing to hear the case of Kachalsky, et al. vs. Cacace, et al., a U.S. Court of Appeals for the Second Circuit ruling to uphold the law will remain in place. The statute requires individuals to demonstrate proper cause to obtain a license to carry concealed handguns in public. Schneiderman's office successfully argued the case to uphold the statute in the lower courts.

"Every day, my office fights to ensure all New Yorkers are safe and secure in their communities," Schneiderman said. "This means making sure that our state's gun safety laws are protected and vigorously enforced. New York state has enacted sensible and effective regulations of concealed handguns, and this decision keeps those laws in place. This is a victory for families across New York who are rightly concerned about the scourge of gun violence that all too often plagues our communities."

In Kachalsky, et al. vs. Cacace, et al., five individual plaintiffs in Westchester County and one organization, the Second Amendment Foundation Inc., argued the proper cause of the statute represented a violation to Second Amendment rights as defined in two recent Supreme Court decisions. The proper cause provision requires an applicant to demonstrate a special need for self-protection that is distinguishable from the general community or other people involved in the same profession.

Schneiderman's office represented four State Court judges who serve as licensing officers under the statute. Schneiderman's office argued the proper cause provision did not violate the Second Amendment as described by the Supreme Court.

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