Case Information: N.Y. State Rifle & Pistol Ass’n v. Beach, No. (2d Cir. brief filed May 1, 2019).
At Issue: This case involves a Second Amendment challenge to the state of New York’s concealed carry licensing standards. The challenged regulations require applicants to demonstrate “proper cause” to carry concealed guns in public in order to receive a concealed carry permit. Plaintiffs filed a lawsuit claiming that this good and substantial reason standard violates the Second Amendment.
Giffords Law Center’s Brief: Our brief argues that New York’s concealed carry regulations survive intermediate scrutiny because the proper cause requirement, carefully designed to protect the safety of New York’s communities, serves compelling public safety interests. The latest reputable research on the connection between carrying guns in public and crime overwhelmingly shows that relaxing concealed carry laws leads to increased violent crime and homicide. Research has also found that guns are rarely used successfully in self-defense in public spaces, and that carrying a gun escalates everyday disputes (like “road rage” incidents) and may actually increase one’s chance of being shot in an assault.