Gun rights groups, along with five private citizens, seek preliminary injunction against New York City’s just cause requirement for concealed carry issuance following Supreme Court ruling (SCOTUS) against a similar policy at the New York State level.
On June 23, Breitbart News reported that SCOTUS had spoken out against the law at the state level in New York State Guns and Guns Association (NYSRPA) vs. Bruen.
Justice Clarence Thomas wrote the majority opinion, in which he observed: “We too are in agreement, and now, in accordance with Heller and mcdonaldsthat the Second and Fourteenth Amendments protect an individual’s right to carry a handgun for self-defense outside of the home. »
Now the Firearms Policy Coalition (FPC), Second Amendment Foundation (SAF), and five private citizens say New York City is upholding its just cause requirement for issuing a concealed carry permit, and they’re seeking an injunction. to prevent the city from continuing to do so.
FPC and SAF note that California and New Jersey discontinued similar state-level policies for cause within 24 hours of the Brown decision. They ask the court to apply the ruling to cities as well, noting that “good citizens of New York City … should no longer need to demonstrate a special need to exercise a fundamental right.”
At least two of the private citizens involved in pursuing an injunction have reportedly been denied concealed carry license renewals due to New York City’s egregious licensing requirements.
The motion filed by FPC and SAF notes:
The individual plaintiffs are all people who, until relatively recently, held New York City Police Department licenses to carry handguns in New York City. Beginning in 2018, the defendant police commissioner, acting as a “licensing officer” under … New York criminal law, denied these plaintiffs’ requests to renew their licenses on the grounds that they did not have “just cause”.
The motion adds, “However, this ‘just cause’ standard is unconstitutional, so there is no constitutional reason to deny them the applicants’ renewal licenses now.”
SAF has pledged to “take action” if local governments refuse to comply with the Brown decision. 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 author/curator of Down Range with AWR Hawkins, a weekly newsletter focused onn all Second Amendment stuff, also for Breitbart News. He is a political analyst for Armed American Radio and an ambassador for Turning Point USA. Follow him on Instagram: @awr_hawkins. Contact him at [email protected] You can sign up to get Down Range at breitbart.com/downrange.