2nd circuit court: CCW issuance is subject to due process

Big big news! The 2nd circuit court of appeals has ruled that the issuance of licenses to carry concealed weapons is subject to due process! The plaintiff in this case claimed that the 18 months he waited when he appealed a denial was too long, and thus violated his rights to due process, as the state was entirely denying him the right to bear arms during that time. The court agreed:

Contrary to defendants’ suggestion, the state’s ability to regulate firearms does not extinguish the liberty interest at stake or eliminate the need to afford due process.

But that’s not all; this decision is huge for a very specific reason. While the 2nd circuit is not very big:

2nd Circuit.jpg …it includes New York! What this decision essentially means is that a state cannot use a license process to harass or discourage applicants, and especially not with lengthy administrative waiting periods. This is huge news, because New York requires a license to even own a handgun, and the requirements to acquire one are downright byzantine, and forget even trying in NYC. Those discriminatory practices are now officially illegal! All in all, great news. The ball is in New York’s court. We’ll see which comes first: either the state drops the discriminatory laws, or gets the pants sued off of it!


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