Federal Appeals Court Upholds Most of Restrictive New York Concealed Carry Gun Law; Next Stop SCOTUS
Federal Second Circuit Court of Appeals upholds “good moral character” requirement of New York’s concealed carry gun law, setting up expected showdown at the U.S. Supreme Court
We have been following the twists and turns of litigation battles associated with New York’s most recent concealed carry gun law. This is important, not only because it affects the constitutional rights of millions of law-abiding New York State citizens, but also because this case could be a bellwether for the country, should the U.S. Supreme Court decide to review the case and provide further guidance on the gun rights of citizens nationwide.
You may recall that it all started, as we reported, when SCOTUS struck down New York’s previous concealed carry gun law, which required citizens to make a showing of “special need” when applying for a carry permit, as violative of the U.S. Constitution’s Second Amendment, in the seminal New York State Rifle & Pistol Association, Inc. v. Bruen case:
We…now hold, consistent with Heller and McDonald, that the Second and Fourteenth Amendments protect an individual’s right to carry a handgun for self-defense outside the home.
The parties nevertheless dispute whether New York’s licensing regime respects the constitutional right to carry handguns publicly for self-defense. In 43 States, the government issues licenses to carry based on objective criteria.
But in six States, including New York, the government further conditions issuance of a license to carry on a citizen’s showing of some additional special need. Because the State of New York issues public-carry licenses only when an applicant demonstrates a special need for self-defense, we conclude that the State’s licensing regime violates the Constitution.
So after Bruen, as the case is typically called, New York could not require citizens to show a special need to get a concealed carry permit. And boy was Kathy Hochul, the far-left governor of New York, pissed: NY Gov. Hochul Loses Her Mind Over SCOTUS Ruling Striking Down Conceal Carry Law.
So pissed, in fact, that she rapidly called a special session of the New York legislature, and immediately passed a new concealed carry gun law even more restrictive than the previous one: New York Democrats Undermine Supreme Court 2nd Amendment Ruling In New Legislation.



