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NYS Gun Law Upheld By Federal Appeals Court Panel

WHITE PLAINS – The state law requiring gun owners to demonstrate “proper cause” to get a license to carry concealed handguns in public does not violate the Second Amendment of the U.S. Constitution, a federal Appeals Court panel as ruled.

In the case of Kachalsky, et al. v. Cacace, et al , five Westchester residents and the Second Amendment Foundation, Inc. challenged the “proper cause” provision of the state law.

This provision requires a license applicant to show “a special need for self-protection distinguishable from that of the general community or of persons engaged in the same profession,” according to a news release from New York Attorney General Eric Schneiderman’s office announcing the appeals panel's decision.

The suit was thrown out by a U.S. District Court judge in September 2011. The plaintiffs then appealed to the federal panel, which heard arguments in August.

“This unanimous decision is a victory for New York State law, the United States Constitution, and families across New York who are rightly concerned about the scourge of gun violence that all too often plagues our communities,” Schneiderman said in the statement.

A three-judge panel of the U.S. Court of Appeals for the Second Circuit voted unanimously.

The case was handled by Assistant Attorneys Simon Heller and Deputy Solicitor General Richard Dearing under the supervision of New York Solicitor General Barbara D. Underwood.

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