Today we filed an amicus brief in the U.S. Supreme Court supporting a challenge to the virtual ban on concealed carry in New York State. The brief was filed on behalf of Gun Owners of America, Gun Owners Foundation, and the Heller Foundation. We critique the Second Circuit case in Kachalsky v County of Westchester, explain how the New York licensing scheme undermines the prefatory clause of the Second Amendment addressing the People’s militia and the objective of a free state. We also show that the interest balancing test applied by the court was prohibited by Heller. We explain the true source of pre-existing rights, and show that they cannot be altered by government. Lastly, we urge the Court to write a decision designed to be difficult for the lower federal courts to undermine, as they have done with Heller and McDonald.
