United States Second Circuit
Kachalsky v. Cty. of Westchester, 11-3642
In appeal challenging New York's handgun licensing scheme which requires an applicant to demonstrate proper cause to obtain a license to carry a concealed handgun in public, judgment granting defendants summary judgment is affirmed, where: 1) intermediate scrutiny applies because the regulation does not burden the core protection of self-defense in the home and tradition clearly indicates a substantial role for state regulation of the carrying of firearms in public; 2) the proper cause requirement is substantially related to New York's compelling interests in public safety and crime prevention; and 3) the law is constitutional under the 2nd amendment, as applied and on its face.
Appellate Information
- Decided 11/27/2012
- Published 11/27/2012
Judges
- WESLEY
Court
- United States Second Circuit