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Wednesday, April 4, 2018

Appeals Court Rejects Man's Second Amendment Challenge to New York's Handgun License Requirements

A state appeals court on Tuesday rejected a man’s constitutional challenges to New York’s legal requirements for getting a license to carry a firearm, writing that the state’s “proper cause” requirement is “substantially related” to protecting the public and that the broader licensing scheme doesn’t impose a “blanket ban” on gun ownership.

A unanimous Appellate Division, First Department, panel knocked down plaintiff Jonathan Corbett’s requests for (1) a declaration that the state’s “proper cause” requirement for getting a gun license was facially unconstitutional, and (2) a declaration that three background questions posed by the New York City Police Department on its concealed-carry license applications were unconstitutional. The appeals court also denied Corbett’s request for an order directing New York City to issue him a concealed-carry gun license.

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