NYCLA Issues Statement on SCOTUS ruling on New York State Rifle & Pistol Association v. Bruen

OFFICIAL STATEMENT

June 24, 2022

Contact: Toni Valenti

tvalenti@nycla.org

New York County Lawyers Association Issues Statement on

SCOTUS ruling on

New York State Rifle & Pistol Association v. Bruen

The New York County Lawyers Association (NYCLA), which represents 7500 attorneys, today issued the following statement:

NYCLA was one of a handful of bar associations to file an amicus brief supporting the New York state “proper cause” requirement for the issuance of a concealed carry permit, which the Supreme Court held unconstitutional today in the New York State Rifle & Pistol Association v. Bruen.

We are disappointed that the Bruen decision invalidated New York’s “proper cause” requirement for concealed carry permits. By holding, for the first time, that individuals have a constitutional right to carry firearms outside of their homes, the Supreme Court has expanded the right to bear arms in a significant and unprecedented way. Densely populated cities like New York City may be obligated to grant scores of applications for concealed carry permits, increasing the probability that innocent New Yorkers will fall victim to gun violence while doing little to promote public safety.  In our view, this ruling was not required by the Constitution, nor is it good public policy.

However, it is important to note the limited scope of the Supreme Court’s decision, which does  not alter the Supreme Court’s 2008 pronouncement in District of Columbia v. Heller that reasonable regulation of firearms is permitted under the Second Amendment. The Bruen decision permits New York to continue to reasonably regulate concealed carry; it simply invalidates the rule that applicants must provide a reason why they should be permitted to carry a firearm for self- defense, and it shifts the burden to the state to delineate specific standards governing the right to carry a firearm.

While we are disappointed in the Bruen decision, we urge the Legislature and regulators to work within the confines of that decision to protect public safety to the greatest extent possible. For instance, New York may continue to deny concealed carry permits to applicants whose backgrounds and history make them ineligible to possess a firearm or whose backgrounds demonstrate that their possession of a firearm in public would pose a danger to others. In addition, the Supreme Court reiterated that the right to carry firearms may be restricted in “sensitive places,” such as government buildings, schools, and many other public places. New York should continue to regulate concealed carry in such sensitive places.

Today’s decision need not transform New York City into the O.K. Corral.  After all, the Constitution– including the Second Amendment – is not a suicide pact. We are encouraged that the Governor has called for a special legislative session to revise New York’s gun safety laws in response to the Bruen decision.

About the New York County Lawyers Association

The New York County Lawyers Association (www.nycla.org) was founded in 1908 as one of the first major bar associations in the country that admitted members without regard to race, ethnicity, religion or gender, and has a long history of supporting the rights of LGBTQ+ people. Since its inception, NYCLA has pioneered some of the most far-reaching and tangible reforms in American jurisprudence. For more information on NYCLA please visit nycla.org.

###