Gun rights groups, together with five private citizens, are seeking a preliminary injunction against New York City’s proper cause requirement for concealed carry issuance in the wake of the Supreme Court (SCOTUS) ruling against a similar policy at the New York state level.
On June 23 Breitbart News reported that SCOTUS ruled against the state-level statute in New York State Rifle and Pistol Association (NYSRPA) v. Bruen.
Justice Clarence Thomas wrote the majority opinion, in which he observed, “We too agree, and 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.”
Now the Firearms Policy Coalition (FPC), Second Amendment Foundation (SAF), and five private citizens claim that New York City maintains its proper cause requirement for concealed carry permit issuance, and they are seeking an injunction to stop the city from continuing to do so.
FPC and SAF note that both California and New Jersey halted state-level policies similar to proper cause within 24 hours of the Bruen ruling. They are asking the court to apply the ruling to cities as well, noting, “The good citizens of New York City … should no longer need to demonstrate some special need in order to exercise a fundamental right.”
At least two of the private citizens involved in the pursuit of an injunction were allegedly denied a concealed carry permit renewal because of New York City’s egregious permit issuance requirements.
The motion filed by FPC and SAF notes:
The individual Plaintiffs are all people who, until relatively recently, held licenses from the New York City Police Department that authorized them to carry handguns in the City of New York. Beginning in 2018, the Defendant Police Commissioner, acting as a “licensing officer” under…New York Penal Law, denied these Plaintiffs’ applications to renew their licenses on the ground that they did not have “proper cause.”
The motion adds, “However, that ‘proper cause’ standard is unconstitutional, so there is no constitutional reason to withhold Plaintiffs’ renewal licenses from them now.”
SAF pledged to “take action” if local governments refused to comply with the Bruen ruling. The pursuit of a preliminary injunction against NYC is the start of such action.
AWR Hawkins is an award-winning Second Amendment columnist for Breitbart News and the writer/curator of Down Range with AWR Hawkins, a weekly newsletter focused on all things Second Amendment, also for Breitbart News. He is the political analyst for Armed American Radio and a Turning Point USA Ambassador. Follow him on Instagram: @awr_hawkins. Reach him at awrhawkins@breitbart.com. You can sign up to get Down Range at breitbart.com/downrange.
COMMENTS
Please let us know if you're having issues with commenting.