“Good Cause” Challenged in New York

While waiting for California’s own right-to-carry challenge to move forward, lead counsel Alan Gura has filed a similar case in that other bastion of gun control, New York. Like our own Sykes v. McGinness, the new complaint challenges the constitutionality of “good cause” requirements for the issuance of handgun permits. Since the U.S. Supreme Court has ruled that we have a fundamental right to keep and bear arms, Mr. Gura writes in Kachalsky v. Cacace that “[i]ndividuals cannot be required to prove their ‘good cause’ for the exercise of fundamental constitutional rights” and “cannot be required to demonstrate any unique, heightened need for self-defense apart from the general public in order to exercise the right to keep and bear arms.”

“Good cause” requirements violate the Second Amendment to the U.S. Constitution.