Concealed Weapons Not Protected by the Second Amendment: Court


Unlike some states (we’re looking in your direction, Arizona), in New York it takes a little more than a trigger finger to get a permit to carry a concealed handgun — under state law, a person needs to have “proper cause” to carry a concealed firearm.

“Proper cause” is defined as “a special need for self protection distinguishable from that of the
general community or of persons engaged in the same profession.”

In other words, you pretty much need to be a cop or have someone trying to kill you to get a permit to carry a concealed weapon in New York — and thanks to a ruling by the Second Circuit of the U.S. Court of Appeals, that’s still the case.

In the case of Kachalsky, et al. v. Cacace, et al, the Second Amendment Foundation argued that the “proper cause” section of New York’s concealed weapons law violated the Second Amendment. But in a 53-page decision, the Court agreed with a lower court’s ruling that the state’s current concealed weapons laws don’t violate the Constitution, and are “valid because it is substantially related to New York’s strong interest in public safety and crime prevention.”

“Every day, my office fights to ensure all New Yorkers are safe and secure in their communities,” Attorney General Eric Schneiderman says. “This means ensuring that our state’s gun laws are protected and vigorously enforced. This unanimous decision is a victory for New York State law, the United States Constitution, and families across New York who are rightly concerned about the scourge of gun violence that all too often plagues our communities.”

See the court’s ruling below.

CA2 Kachalsky Opinion