Having said that, Wesley concluded that intermediate scrutiny is the appropriate standard, triggering an analysis of whether the regulation furthers the compelling government interests of public safety and crime preventionas argued by the state and Westchester County.
"The only question then is whether the proper cause requirement is substantially related to these interests," Wesley said. "We conclude that it is."
Kachalsky said yesterday that the plaintiffs intend to seek a petition for a writ of certiorari to the U.S. Supreme Court.
"I'm not surprisedI've never seen the Second Circuit come out with a bold decision," Kachalsky said. "It's a ridiculous interpretation of the Second Amendment."
He added, "Nowhere in the Second Amendment does it mention the word 'home.' To say that you have the right to defend yourself in your home and nowhere else is just a misrepresentation of the Second Amendment as written by the Founding Fathers."
Attorney General Eric Schneiderman issued a statement praising the decision, saying, "This means that our state's guns laws are protected and vigorously enforced."
Schneiderman called it a "victory" for state law, the U.S. Constitution and "families across New York who are rightly concerned about the scourge of gun violence that all too often plagues our communities."
Assistant Solicitor General Simon Heller argued for the state.
Assistant County Attorney Thomas Gardiner argued for Westchester County.
The plaintiffs were represented by Alan Gura of Gura & Possessky in Alexandria, Va.
@|Mark Hamblett can be contacted at firstname.lastname@example.org.