Libertarian Party v. Cuomo: Defending New York’s Evidence-Backed Gun Safety Laws
Case Information: Libertarian Party of Erie County et al. v. Cuomo et al. (2d Cir. brief filed September 20, 2018).
At Issue:This case is about New York’s authority to address gun violence in its borders by enforcing meaningful standards for the possession and carrying of handguns. Plaintiffs challenge two regulations that help prevent dangerous, irresponsible people from misusing firearms: New York’s law requiring a license to possess a handgun and the standards the state applies to evaluate concealed carry permit applicants. The district court dismissed both of these Second Amendment claims and the case is now on appeal before the Second Circuit.
Giffords Law Center’s Brief: Our brief argues that New York’s handgun licensing law is constitutional under the Second Amendment because it substantially furthers the state’s interest in preventing gun deaths and stopping the flow of illegal guns. Recent and reliable social science research shows that laws that require a license to purchase or possess handguns bolster public safety by dramatically reducing gun deaths and deterring gun trafficking by criminals. In addition, our brief argues that New York’s concealed carry regulations are constitutional because they are consistent with previous decisions upholding those laws and are supported by compelling social science evidence.