Justices Refuse Case on Gun Law in New York

Published on April 17, 2013
Duration: 6:49

This video discusses the Supreme Court's refusal to hear a challenge to New York's concealed carry law, Kachowski v. County of Westchester. Legal scholar Steve Halbrook explains that New York's law requires a subjective 'proper cause' determination for carrying a firearm, effectively banning it for most citizens. The discussion also touches on other circuit court cases, like Morsher v. Hamilton in the Seventh Circuit, which struck down Illinois's total prohibition on carrying arms outside the home, highlighting a growing split among federal courts on Second Amendment rights.

Quick Summary

The Supreme Court has refused to hear a challenge to New York's concealed carry law, Kachowski v. County of Westchester. This decision allows New York's requirement for a subjective 'proper cause' to obtain a license to remain in effect, effectively restricting carry rights for most citizens.

Chapters

  1. 00:00Introduction and New York Gun Law
  2. 00:32New York's Ban on Carrying Arms
  3. 00:52Supreme Court's Refusal to Hear Case
  4. 01:04Previous Similar Cases
  5. 01:37Interpreting Supreme Court Denials
  6. 02:15Kachowski v. County of Westchester Decision
  7. 02:42Other Circuit Court Cases
  8. 02:54Morsher v. Hamilton (Illinois)
  9. 03:33Heller and McDonald Rulings
  10. 04:25Likelihood of Future Supreme Court Review
  11. 05:02Federalism and State-Level Decisions
  12. 05:30Circuit Split Dynamics
  13. 05:47Critique of New York's 'Proper Cause' Standard
  14. 06:30Conclusion

Frequently Asked Questions

What was the Supreme Court's decision regarding New York's concealed carry law?

The Supreme Court refused to hear a challenge to New York's concealed carry law in the case of Kachowski v. County of Westchester. This means the lower court's decision, which upheld the state's restrictive licensing requirements, remains in effect.

What is New York's concealed carry law based on?

New York's concealed carry law requires individuals to obtain a license based on a subjective determination of 'proper cause' by state authorities. This standard has been criticized for making it nearly impossible for ordinary citizens to legally carry firearms.

Does the Supreme Court's refusal to hear a case mean they agree with the lower court's ruling?

No, according to legal scholar Steve Halbrook, the Supreme Court's denial of review for a case does not signify agreement with the lower court's decision. It simply means the Court has chosen not to hear the case at that time.

Are there other cases challenging gun carry laws in different states?

Yes, there are other cases in circuit courts challenging gun carry laws. For example, the Morsher v. Hamilton case in the Seventh Circuit struck down Illinois's total prohibition on carrying arms outside the home, highlighting a split among federal courts.

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