You know the District of Columbia v. Heller decision? The one that overturned D.C.’s handgun ban? Well the Second Circuit US Court of Appeals just peered into it, rooted around a little and found emanations and penumbras of just the right color and intensity such that it was able to determine that New York’s restrictive handgun laws – effectively limiting handguns to home defense only – are constitutional. “‘I’m not surprised—I’ve never seen the Second Circuit come out with a bold decision,’ (attorney and plaintiff Alan) Kachalsky said. ‘It’s a ridiculous interpretation of the Second Amendment.'” . . .
(Kachalsky) added, “Nowhere in the Second Amendment does it mention the word ‘home.’ To say that you have the right to defend yourself in your home and nowhere else is just a misrepresentation of the Second Amendment as written by the Founding Fathers.”
Kachalsky was one of four plaintiffs in the suit who were denied carry licenses, reports ctlawtribune.com. And pro-gun ace litigator Alan Gura represented the plaintiffs. The Second Amendment Foundation wanted to weigh in as well, but was dismissed from the case for lack of standing.
The state’s stance: based on Heller, the right to a handgun doesn’t extend outside the home. So if you actually want to carry your heater out in the world, you have show you have a “proper cause.” And just wanting to protect yourself ain’t good enough.
And Judge Richard Wesley is just fine with that. He wrote that New York’s gun-rights gagging laws are worth examining since they “(place) substantial limits in the ability of law-abiding citizens to possess firearms for self-defense in public.” And that under Heller, it’s not really really clear what right exists to have a gun outside the home. But as far as he sees it, the state’s interest in promoting public safety and crime prevention trumps all that.
Surprise! This isn’t the end of the matter. The losing plaintiffs vowed to file a writ of certiorari. That means they’ll ask the Supremes (the court, not the aging Motown veterans) to hear the case. Speaking of aging, given the election results and the slim margins in the Heller and McDonald decisions, gun owners need to hope that Justices Roberts, Scalia, Kennedy Thomas and Alito stay healthy. For another four years.