Constitutional Law

Target: New York

Alan Gura and the Second Amendment Foundation have challenged New York's "good cause" requirement for a carry license. As usual, good targeting. It moves from "keep" to "carry," and aims at a system that requires exercise of a constitutional right to be authorized by permit, on the vague basis of "good cause." Which in this case the licensing authority translates into "good cause that is in some way exceptional, when compared to the good cause that is true of the population in general," or "extraordinarily good cause."

Hat tip to reader Nick L. ...

UPDATE: Only Guns and Money notes that one plaintiff earlier challenged the system in NY State courts, got to its highest court, which dismissed the case on its own motion for lack of a substantial constitutional question. The dissenting judge pointed out that the Supreme Court had already accepted McDonald v. Chicago, suggesting there might just be a substantial constitutional question here...

Full post as published by Of Arms and the Law on July 15, 2010 (boomark / email).