New York Gov. Andrew Cuomo. Purveyor of the state’s open hostility toward the Second Amendment. (Photo: CNBC)
Beleaguered New York gun owners may have a chance to regain some of their Second Amendment rights.
The New York State Rifle & Pistol Association has filed a federal lawsuit that challenges the state’s draconian concealed carry requirements, local media reports.
“We’re going to try to get the courts, particularly in New York, to look at the Second Amendment as a right that extends to everybody no matter where they may be, with some restrictions,” Tom King, president of the roughly 35,000-member Rifle & Pistol Association, told the Times-Union.
Under current state law, local judges have total control over the issuance of concealed carry permits within their jurisdiction. Some judges readily issue such permits; others almost never do. This, combined with a requirement that applicants demonstrate they face “special danger,” creates an inconsistent and unfair environment in which some “favored citizens” can enjoy Second Amendment rights while “typical, law-abiding citizens” cannot, the lawsuit states.
“A government restriction that limits the right to bear arms in public for the purpose of self-defense to only those few, favored citizens who can demonstrate that they face a special danger to their life effectively operates as a flat ban on the carrying of firearms by typical law-abiding citizens,” the lawsuit argues.
SEE ALSO: 70,000 New York Permit Holders Are Now Felons for Failing to Register Handguns
The suit was filed on behalf of New York resident Robert Nash, whose application for a conceal-carry permit was rejected two years ago by state Supreme Court Justice Richard C. McNally, Jr.
Nash argued that his neighborhood had experienced a “string of robberies” and wanted to carry a firearm to defend himself.
He also noted his growing proficiency with a firearm and his commitment to upholding the law.
“I have and continue to be a law abiding citizen of Rensselaer County,” Nash wrote in the request to McNally in September 2016. “I have spent the last year and a half improving my proficiency with my pistol in a safe manner. My shooting continues to become more accurate the more I practice. My cousin Tim Osborn, a former marksman in the US Army, has been a big part of this working on handling techniques, sight alignment, stance, breathing techniques, and trigger control with me.”
McNally rejected Nash’s application, but helpfully noted that Nash could still carry his pistol under limited circumstances, such as for hunting or in remote hiking areas.
This isn’t the first time the New York Rifle and Pistol Association has challenged the state’s concealed carry laws. They filed a similar lawsuit in 2013 that was ultimately struck down, but proponents believe they have a better chance this time around.
Pro-gun advocates recently won a suit in Washington, D.C., that dismantled a “good cause” requirement similar to New York’s. The victory in D.C. has prompted the second attempt currently underway in The Empire State.