Justice Doris Ling-Cohan
Delgado sought an order directing respondent to issue a handgun license. Respondent argued the NYPD License Division’s decision denying Delgado a license was rational. Delgado applied for a license and a notice of disapproval provided he attempted to deceive the Division by omitting a domestic violence incident from his application, showing a lack of candor and poor moral character. Delgado’s appeal was denied, and he filed this petition arguing respondent’s decision was in direct contradiction with the Second Amendment, claiming under District of Columbia v. Heller and McDonald v. Chicago, respondent must now justify depriving someone of their basic right to keep and bear arms. The court noted Heller and McDonald made clear the right to keep and bear arms was not absolute, and a state’s policy need not be perfect, but substantially related to a significant, substantial and important governmental interest. Thus, the state’s requirement gun license applicants provide only truthful information was substantially related to the government’s interest in domestic security, and did not deprive Delgado of his Second Amendment rights. The court also noted Delgado failed to disclose three juvenile arrests in his prior license application, denying the motion.
