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Gun-Control Measures Eyed As NY Rules Face Court Test

ALBANY — A state gun-control requirement opposed by the New York affiliate of the National Rifle Association and supported by the Hochul administration has officials preparing for the possibility that the measure could be struck down by the nation’s highest court.

A ruling from the U.S. Supreme Court is expected next month in a case involving a challenge to limitations in New York on discretionary concealed carry permits.

Under the state’s licensing regime, law enforcement personnel conduct reviews of applications to determine if those seeking concealed carry permits have “proper cause” to carry a firearm for self-defense.

The case has wended its way through the federal court system after a lawsuit was filed by two men, Robert Nash and Brandon Koch, along with the New York State Rifle and Pistol Association, after a Rensselaer County judge ruled the men lacked sufficient reason for carrying handguns with them for self-defense.

Gov. Kathy Hochul, a Democrat and a supporter of the gun-control law, said the state is braced for what she termed “a major case” related to gun restrictions. The case is expected to have ramifications for not only New York but also in seven other states that have erected similar barriers to carrying guns into public places.

Tom King, president of the Rifle & Pistol Association, said the nation’s founders, in writing the Second Amendment protections for gun owners, believed that it was important people could protect themselves from potential violent encounters that took place at that time with highwaymen and Native Americans.

“They were being attacked all the time,” King said, contending the concealed carry permits implemented by some states have infringed on the constitutional rights of those who want firearms to protect themselves and their families.

One measure that attempts to impose new limitations on the ability of New York gun owners to carry guns outside their homes has been introduced by Assemblywoman Jo Anne Simon, D-Brooklyn.

It calls for the prohibition of firearms on public transpiration, at large gatherings and at food and drink establishments.

After a gunman wounded 23 commuters on a Brooklyn subway train last month, Simon said such incidents demonstrate the need for concealed-carry restrictions to protect public safety.

Referencing the Supreme Court case involving the Rifle & Pistol Association, Simon said: “We should all be very clear that a finding of unconstitutionality is unacceptable and would make all New Yorkers extremely vulnerable, particularly in public places like subways, train stations and airports, houses of worship, bars, and other places.”

But Rep. Elise Stefanik, R-Saratoga, and dozens of other GOP congressional members have signaled their support for King’s group and the two gun owners seeking to overturn New York’s restrictions on concealed carry permits.

Stefanik last week criticized Hochul’s effort to keep restrictions on the ability of gun owners to have access to their weapons outside their homes.

“As the Far-Left continues to push gun control measures, including gun bans during a violent crime surge, this case comes at a crucial time,” Stefanik said. “There is nothing Kathy Hochul can do to stop it. Law-abiding gun owners across New York are hopeful that the constitutional right to bear arms will be upheld as the Supreme Court considers this important case.”

When the case was argued before the Supreme Court in November, Justice Samuel Alito, a conservative, voiced skepticism about the constitutionality of the New York law.

Alito suggested that if “celebrities, state judges and retired police officers” are allowed to carry concealed guns in New York, then ordinary citizens should have the same right to do so.

Chief Justice John Roberts questioned why it was easier to get a concealed carry permit in rural areas than it is in more populated regions of New York. “How many muggings take place in the forest?” he said.

In defending the current restrictions, state Solicitor General Barbara Underwood argued they safeguard the safety of the public, contending the prospect of people bringing guns into the subways “terrifies a great many people.”

King, a longtime Second Amendment supporter, said it is inappropriate for New York officials to be trying to frame new ways to block gun owners from carrying their firearms with them in the event the concealed carry regulations are declared unconstitutional.

“Only in New York can the party that claims to be the bastion of Liberty say the Supreme Court is wrong and try to ignore any rulings the Supreme Court comes down with,” King said.

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