Legal Issues

New York Case May Tip the Balance of Gun Control

Puzzle of the U.S. constitution with pieces missing

Despite New York having some of the most restrictive gun control laws in the country, the case of New York State Rifle & Pistol Association v. Bruen, which is currently before the Supreme Court, may loosen or eliminate gun regulations in many parts of the country.

Anyone who supports the Second Amendment and wants to see draconian, abusive laws limiting concealed carry or the right to self-defense stricken down should be on the edge of their seats. For far too long, politicians have created a patchwork of regulation and spewed the same tired arguments about why the populace cannot be trusted with firearms.

New York State Rifle and Pistol Association logo
Today, New York is in league with California, Delaware, Hawaii, Maryland, Massachusetts, New Jersey, and Rhode Island by requiring citizens seeking a carry permit or license to show “proper” or “good” cause. The NYSRPA is hoping this suit will change that.

The argument that the Second Amendment ends at your doorstep, that you do not need, or have, a right to protect yourself beyond your home, has been forced upon law-abiding gun owners and used as the justification for regulating the right to self-defense. Finally, the Supreme Court has agreed to hear a case that has the potential to bring concealed carry to millions of additional gun owners.

The High Court is expected to hear New York State Rifle & Pistol Association v. Bruen on November 3, 2021. Court watchers and prognosticators alike will be watching closely with bated breath. Second Amendment organizations and anti-gunners will both use the case for fearmongering and fundraising, but that is to be expected, and so long as those efforts do not sway the opinions of the Justices, who cares?

The unfortunate reality is that we will have to wait until mid-2022 to learn how the Court will rule and how politicians pivot in reaction to the decision. The case will determine whether New York’s restriction on carrying concealed handguns in public places is unconstitutional. The implications get a bit deeper than that, but we will cover the details later in the article and a second installment.

A win for Second Amendment plaintiffs could be far reaching and loosen or eliminate gun regulations in many parts of the country. Although I am not a Second Amendment scholar, I pretend to be one on blogs and I slept in a Motel 6 once, so let me explain what’s at stake and how it could affect millions of current and future gun owners.

New York and Gun Control

As the records seem to suggest, shortly after John Moses Browning’s soon-to-be iconic 1911 pistol was first introduced to the market, New York experienced an increase in homicides. Politicians and others ran around proclaiming the sky was falling, and, as politicians often do, they looked for a villain to shift the blame to — i.e. make it look like they had done something to curb the problem but not lose votes by calling out a particular race or sect. Then, the Eureka! moment hit — they did not need to blame anyone; they could blame the guns. After all, guns don’t get a vote. Thus, the permitting system to address the carrying of concealed firearms in New York was born (or something like that).

Inexplicably, this hairbrained idea is still in existence. Eleven decades later, law-abiding gun owners seeking to carry a concealed handgun for self-defense in the state of New York have to file a permit application showing what the law calls “proper cause.”

Puzzle of the U.S. constitution with pieces missing
Beyond concealed carry, Bruen could join the ranks of the Heller and McDonald cases in shaping future court decisions.

Beyond that, the madness continues. Applicants must “demonstrate a special need for self-protection distinguishable from that of the general community.” I think I missed that part of the Second Amendment where you had to have a special reason to want to keep from being killed or suffering great bodily injury (more than your neighbor) before the Second Amendment kicked in.

New York law makers have repeatedly defended the state’s right to impose such restrictions by claiming the laws are necessary to reduce gun violence. New York’s homicide rate is typically below the national average, which lawmakers often link to having some of the strictest gun laws in the country. The facts are true, but it is not hard to disprove the supposed correlation between them.

For example, historically, more ice cream is sold during the month of July than any other month. The homicide rate is also highest in July. Therefore, should we suppose that law makers need to restrict ice cream sales to lower the homicide rate?

A correlation between two or more facts does not prove the conclusion to be true. Look at cities such as Chicago, New Orleans, Detroit, and others, and you’ll easily discover the same overly restrictive firearms laws as New York. However, despite the additional gun laws, these same cities suffer from higher-than-average homicide rates.

The Plaintiffs

Robert Nash and Brandon Koch were each denied an unrestricted concealed carry permit in New York because a judge determined they did not satisfy New York’s proper-cause standard.

Perhaps I should step back and lay some groundwork by means of an explanation. It seems lawmakers in New York practice a special kind of stupid that most of us are simply unprepared for. I am not talking about the “head scratcher or the thing that is befuddling and makes you say huh?” but the full-on “WTF were they thinking?” kind of stupid. You see, New York has “restricted” and “unrestricted” concealed carry permits.

Koch was issued a license to carry a concealed handgun for self-defense while traveling to and from work. The permits issued to Koch and Nash also permitted them to carry concealed handguns for hunting, target practice, and for self-defense but…wait for it…in areas not “frequented by the general public.”

It seems New York is fine with you carrying a gun where no one can see it but only when no one is around to see it in the first place. Far be it that rapists, muggers, murders, etc. should have to worry about whether their victims are armed — when potential witnesses are also around.  

This case will boil down to simple logic — something that has eluded New York’s lawmakers thus far. Nash and Koch contend that the limitations on their ability to carry a concealed handgun violate their right to bear arms. They are asserting that the right to carry a handgun must extend to “whenever and wherever” the need for self-defense might arise. Surely, you can you see why that concept would be hard for New York’s lawmakers to comprehend.

Be sure to check out tomorrow’s continuation article: The Heller Ruling’s Role in Bruen.

Let’s hear your voice! Will New York’s laws be stricken down or upheld? Share your answers in the comment section.

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Comments (21)

  1. i used to be reading your article then detected the police show up at my neighbors house, that they had the nerve to solicit from me to recognizance them out. no thanks. nice article.

  2. Infringement: an encroachment or trespass on a right or privilege.
    Amendment II: A Well regulated Militia, being to the security of a “free” State, the right of the people to keep and bear Arms, shall not be “infringed”.

  3. One fact that all 2nd Amendment supporters should always realize is that regardless that it is designed to apply to all law abiding Americans, we all know that regardless of skin color or religious beliefs many citizens have no business owning a firearm. The biggest factor is how and who decides? I am a devoted supporter of #2 but would spport any legitimate policy that keeps the guns out of the hands of the criminals and all who would abuse the right for the wrong reasons. I will not support any actions that prevents law abiding citizens from protecting their families nor will I support any widespread legislation that opens this country up to having anybody who wants carrying a loaded weapon anywhere they want in public. It ain’t Dodge City anymore

  4. Most of the gun laws have their roots in the Jim Crow laws. A study showed that minorities were three times more likely than whites to have their concealed carry permit denied.

  5. I lived in New York most of my life. I have left and moved south specifically to exercise my second amendment rights,ditch the high taxes and liberal ignorant life style. New York’s laws will be upheld, unfortunately the rotten apple and other liberal cities with their mass population trump upstate and other rural areas perpetuating draconian b.s. If you wish to exercise your 2nd amendment rights your only choice is to leave;it can’t and will not change.

  6. If I recall correctly, NYC does NOT consider a murder a murder until the NYPD have solved the murder. In other words they can find a body with10 stab wounds and 10 bullet holes in it but it is NOT considered a murder UNTIL the NYPD has found the murderer.

  7. For the record, Detroit does not restrict concealed carry nor open carry any further than the State of Michigan. Michigan, being a “shall issue” state which offers reciprocity to other states’ CPLs, isn’ta bad place to be a gun owner.

  8. I don’t live in new York, thank God, but i live in a state that is just as bad, nazifornia! Our gun laws out here are the most illogical, stupidest in the country and everytime we get a supreme court decision in our favor, the dems just find a patsy to clog up the courts with bogus stays and arbitration so even though they know 100%, they are squashing our basic God given human rights, they know what’s best for us. Here in nazifornia the democrat government only upholds the laws that pertain to their own self interest and as long as a democrat government is in place they will always illegally find away to kill your civil rights unless of course you are a criminal, criminals in CA have more rights then the average law abiding citizen…i carry daily, because the 2nd Admendment is my constitutional right and I refuse to be a victim, no one has the right to take that away, my free will to provide protection from a criminals act to cause me, my family or anyone in my vicinity any harm or death is not an excuse to trample on my inalienable rights….

  9. Detroit actually has the same CPL rules as the rest of Michigan, I live near Detroit and many coworkers live in Detroit and have the same CPL I have. Detroit is however a very dangerous place to Live.

  10. I was born and raised in Upstate NY but moved to Texas after finally waking up. When I first applied for my full carry permit, I received a restricted permit. It took me many years, 9/11 and working contract security for the Federal Government. Other than the restricted issue, another issue I had was the license is issued by the State but if your license is issued outside of NYC or Worcester County you can not carry in those 2 areas but if it is issued in those 2 areas, you can carry anywhere in the state. WTF!!

  11. Every law in every state should be required to undergo a thorough “logic” and “feasibility” testing, published to the public, before any vote is to take place on the proposed statute.

  12. Give Americans our constitutional rights back the2nd is 2nd for a good reason. Ny, ca nor any other state has no right to take the right to keep (own) & bear (carry upon one’s person) arms away. These regulation restrictions hurt citizens & empower criminals. We need the 2nd amendment

  13. NYS is nothing but a bunch of communist that want to take all guns from people. They make more criminals out of regular people than ever should. They should read the constitution.

  14. “Shall not be infringed”

    It is basic Natural Law to be able to defend oneself and ones loved ones, their friends and their neighbors, from criminals, crazies, and violent rioters. This basic law remains true even if our government kept these thugs on drugs in jail, but they don’t. NY has become an s-hole because of Democrats, RINOs, and Marxists who pretend to be Democrats. Nearly all bureaucrats are just as guilty of criminal behavior as the thugs, requiring bribes to move business forward in New York. This is true in many states. We need a government purge and size reduction.

  15. The right of the people to keep AND BEAR Arms, shall not be infringed.
    Keep = Keep at home
    Bear = Keep on your person

  16. Yep, NY has some strange gun laws. A buddy of mine and myself were coming back to TX from a job in Maine and drove through NY (we were in separate vehicles). We stopped at a rest stop to use the bathroom and get something to drink. As we were leaving a NY State Trooper came over to us to find out what we were doing. We explained why we stopped and started to get back on the Hwy, when the Trooper asked my buddy if he had any firearms with him. Like a fool Wayne said yep, he did. He had won a Shotgun and a pistol in a couple job auctions. They were in the bed of his truck, still in their original boxes, buried under all the stuff that Wayne was bringing back home (cooking pots and pans, bed clothes, tool boxes, etc.) Well the Trooper asked to see the firearms, so Wayne started looking for them in the bed of his truck. After about 10 minutes of moving stuff around he found the firearms buried under all the stuff in his PU bed. I turned around to see where the Trooper was and saw he was at the front of Wayne’s PU bed, with his gun drawn , pointed at Wayne! He told Wayne to slide the gun boxes to the rear of the PU bed, then turn around and put his hands on the side of the truck. He walked up behind Wayne, told him to put his hands behind hid back, then h handcuffed him, put the gun boxes in his trunk, put Wayne under arrest and carried him to jail. I followed them back to Town, got a Motel room and went to the jail to see what the hell was going on. They wouldn’t let me see or talk to him. They said he’d be arraigned the next morning at 7:30 AM. So….next morning I show up at the courtroom, thinking that the Judge would see there was a mistake, release Wayne, return the firearms to him and tell him to get the hell out of the State ASAP. Well, that didn’t happen. They charged Wayne with two felony’s, and a few more misdemeanors. I had to find an Attorney that morning that would handle the case that was to be tried tried the next morning. Anyway, at Court the next morning, the dropped the misdemeanors, but convicted him of the felony’s. Eighteen months per felony, or a $5,000.00 fine per charge. We didn’t have that kind of money with us, so I called my Bank and had them wire me a the 10K to a local bank. I brought the check to the Judge that afternoon. He gave me a lot of grief about where I got the money, and what was my interest in this case. Anyway late that afternoon he reluctantly released Wayne from jail and told us to get the hell out of NY ASAP or there would be more trouble. When we got back to TX, Wayne hired an Attorney to see about the getting the charges dismissed and getting my money back. To make a long tory short, no way would they dismiss the felony’s, and return the money. That was over 35 years ago, and many tries on Wayne’s part to have the felony’s expunged (we were working Nuclear Plants at the time), and the background checks turned up the old charges making it very difficult if not impossible for Wayne to obtain a job! After the ton of money Wayne has spent trying to get that crap expunged it’s still following him around to this day. So IMO, SCREW NY!

  17. People forget that the “Sullivan Law” (NY City Gun Law) creator spent his finial days in an insane asylum. Also, a number of questionable characters were granted conceal carry permits because they were “good Democrats”. If every a law was based on restricting peoples rights, the NYC Gun Law is a prime example.

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