How the SCOTUS concealed carry decision will impact New York State law
On Thursday, a major expansion of gun rights after the Supreme Court ruled in a 6-3 split in favor of allowing Americans the right to carry firearms in public for self defense struck down a 109-year-old New York State gun law.
(WBNG) -- On Thursday, a major expansion of gun rights after the Supreme Court ruled in a 6-3 split in favor of allowing Americans the right to carry firearms in public for self defense.
“This was a lawsuit brought several years ago by two individuals in New York who applied for a concealed carry permit and were denied,” said Broome County District Attorney Michael Korchak. “The case got brought up to the Supreme Court based on what’s called the ‘proper cause’ requirement under New York State Law at the time.”
A requirement that was mandatory for a concealed carry permit in New York State.
Now, Korchak said the ruling overturns that ‘proper cause’ requirement.
“It’s going to change the way individuals apply for a conceal carry permit,” he said. “We’re still kind of ironing out the details in New York State, but it was a landmark decision by the court to strike that extra requirement that was put in there by New York State to allow people to carry a gun outside of the home.”
Korchak said oringinally, the 109-year-old decision required New Yorkers who applied for a concealed carry permit to show to a judge ‘proper cause,’ meaning they had to distinguish themselves from other members of the community in a need for self-protection.
“We’re still going through a 135 page decision. However, it doesn’t change the law of New York State that you need to get a permit, you need to file the appropriate paperwork with the Sheriff’s Department, most likely you’re still going to need to go through the judge, and the Sheriff’s Department does the proper background checks on the those individuals applying for a permit. So, that aspect of it won’t change.”
Korchak said while details are still being ironed out about what will change, he’ll follow the law no matter what.
“Whatever comes out as the law is what I have to follow. I took an oath as District Attorney to follow the law of New York State. Whatever the law of New York State is, I must follow it; Whether I agree with it or not.”
California, Hawaii, Maryland, Massachusetts, New Jersey and Rhode Island all have laws similar to New York’s.
President Joe Biden said in a statement on Thursday he was “deeply disappointed” by the ruling, which he said “contradicts both common sense and the constitution, and should deeply trouble us all.”
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