Schneiderman Hails Ruling In Gun Case

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Attorney General Eric Schneiderman said today that his office won a court case that upholds the state’s gun laws.

In a decision in White Plains, a federal judge rejected a constitutional challenge to New York’s handgun laws, arguing that individuals do not have a constitutional right to carry a concealed handgun in public.

“Every day, my office fights to ensure all New Yorkers are safe and secure in their communities,” Schneiderman said in a statement. “This means ensuring that our state’s gun laws are protected and vigorously enforced.”

In Kachalsky, et al. v. Cacace, et al, five Westchester County residents and the Second Amendment Foundation, Inc., argued that the state’s “proper cause” provision to carry concealed handguns in public violated their rights under the Second Amendment to the U.S. Constitution, citing recent federal rulings.

New York’s law require a gun holder to have a concealed handgun to show “a special need for self protection distinguishable from that of the general community or of persons engaged in the same profession,” Schneiderman said.

Schneiderman defended four state judges in the case who were sued for not issuing concealed handgun licenses.

In today’s Friday’s ruling, Judge Cathy Seibel said that the Second Amendment allows the right to bear arms, but does not extend to a right to carry concealed handguns in public, Schneiderman said in a news release.

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5 Comments

  1. Army JAG? Who cares? How does anything he says have even the slightest relevance to anything other than his personal and irrelevant interpretation of the Constitution? What’s Donald Duck’s opinion?

  2. Yawn. Schneiderman’s a drooling antigun fanatic. Who cares what he thinks?

    The people that brought this lawsuit never expected to win at the district court level. Just as Alan Gura lost the Heller (then Parker) and McDonald Second Amendment cases, he went on win them in the US Supreme Court. The judge here was not about to expand Heller and McDonald outside the home, and even the Second Circuit will likely leave that for the Supreme Court to tackle.

  3. New York State Law is all about Possession of a Firearm, only a permit to possess stops you from breaking the law and only legal permit to own a handgun is a concealed carry. Without the permit it is illegal to hold, to carry, to transport or to practice or to learn how to safely handle. So how do I buy a handgun, be responsible and transport it home as it applied to “self-defense in the home”.

  4. I fully agree with the judges logic…. In fact I think only skinny people should be permitted to have forks, knives, and spoons. And not until a person is in the normal BMI range should they be allowed to eat! Ain’t the laws just GRAND?