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Schneiderman comments on the Supreme Court's decision to reject a challenge to New York's handgun licensing statute

by jmaloni

Press release

Tue, Apr 16th 2013 08:00 am

Schneiderman: New York state enacted sensible and effective regulations of concealed handguns

On Monday, the Supreme Court of the United States declined to hear the case of Kachalsky, et al. v. Cacace, et al. challenging New York state's handgun licensing statute, which requires individuals to demonstrate "proper cause" to obtain a license to carry concealed handguns in public. The decision leaves in place a U.S. Court of Appeals for the Second Circuit ruling upholding the law.

Attorney General Eric T. Schneiderman, whose office successfully argued the case in the lower courts, issued the following statement in response to the Supreme Court's denial of the appeal:

"Every day, my office fights to ensure all New Yorkers are safe and secure in their communities. 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. v. Cacace, et al, five individual plaintiffs residing in Westchester County, and one organization, the Second Amendment Foundation Inc., argued that the "proper cause" provision of the New York law governing the issuance of licenses to carry concealed handguns in public violates their rights under the Second Amendment to the U.S. Constitution as defined in two recent decisions by the United States Supreme Court: District of Columbia v. Heller and McDonald v. City of Chicago. The "proper cause" provision requires a license applicant to show "a special need for self protection distinguishable from that of the general community or of persons engaged in the same profession."

The defendants in this case, four State Court judges who also serve as "licensing officers" under the New York statute, were represented by Schneiderman's office, which argued that the "proper cause" provision of the New York law did not violate the Second Amendment as described by the Supreme Court in the Heller and McDonald cases.

The case was handled by Assistant Solicitor General Simon Heller, Deputy Solicitor General Richard Dearing and New York Solicitor General Barbara D. Underwood.

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