Wednesday, November 9, 2011

Kachalsky Advances to the Second Circuit

The right to carry in 2011.
The opening brief has been filed at the U.S. Court of Appeals in the case of Kachalsky v. Cacace. The appeal challenges the constitutionality of New York’s discretionary handgun-licensing scheme. Currently, the state requires “proper cause” for the issuance of a license to carry a handgun, creating a prior restraint on the fundamental right to bear arms under the Second Amendment and violating equal protection under the 14th Amendment.