In an important decision upholding the power of the states to regulate firearms, the U.S. Court of Appeals for the Second Circuit declared that a state may, consistent with the Second Amendment, deny a license to carry a concealed weapon in public unless the applicant proves "a special need for self-protection." Kachalsky v. County of Westchester1 denied a class action brought by the Second Amendment Foundation on behalf of six qualified applicants for a gun license.
In affirming the District Court decision to deny each of them "full-carry" licenses, the court upheld a 1913 provision of the New York Penal Law that requires all applicants to demonstrate "proper cause" to carry a concealed weapon in public.2 The courts of New York have interpreted "proper cause" to mean "a special need for self-protection distinguishable from that of the general community or of persons engaged in the same profession."3 "Proper cause" to carry a concealed weapon in New York City is determined by the New York Police Department, which requires every applicant for the "full carry" license except for "peace officers," to set forth "proper cause" in a Letter of Necessity that accompanies the application.4
