Protect Me, Protect My Guns
Document Type
Oral Presentation
Event Website
https://source2022.sched.com/
Start Date
19-5-2022
End Date
19-5-2022
Keywords
2nd Amendment, Section 1983, Legal Precedent
Abstract
When discussing the second amendment of the United States Constitution, it was put into place to protect the right of the people’s ability to keep and bear arms. In case New York State Rifle & Pistol Association Inc. v. Bruen Robert Nash and Brandon Koch, both members of the NYSRPA, applied for a general concealed carry permit in the state of New York. New York Penal Law Section 400.00 imposes objective requirements like age and criminal history as well as a submission for proper cause. Both applications by Nash and Koch were denied for lacking proper cause by licensing officer Richard McNally. NYSRPA, Nash and Koch brought a Section 1983 suit against McNally, George Beach and Kevin Bruen alleging that the proper cause requirement violated the second amendment. I will be examining what entails proper cause to allow for a legal possession of a firearm as well hopefully answer the question if New York’s denial of the applications for a concealed carry license for self-defense violates the second amendment.
Recommended Citation
Greenleaf, Dawson, "Protect Me, Protect My Guns" (2022). Symposium Of University Research and Creative Expression (SOURCE). 46.
https://digitalcommons.cwu.edu/source/2022/COTS/46
Department/Program
Law & Justice
Additional Mentoring Department
Law & Justice
Protect Me, Protect My Guns
When discussing the second amendment of the United States Constitution, it was put into place to protect the right of the people’s ability to keep and bear arms. In case New York State Rifle & Pistol Association Inc. v. Bruen Robert Nash and Brandon Koch, both members of the NYSRPA, applied for a general concealed carry permit in the state of New York. New York Penal Law Section 400.00 imposes objective requirements like age and criminal history as well as a submission for proper cause. Both applications by Nash and Koch were denied for lacking proper cause by licensing officer Richard McNally. NYSRPA, Nash and Koch brought a Section 1983 suit against McNally, George Beach and Kevin Bruen alleging that the proper cause requirement violated the second amendment. I will be examining what entails proper cause to allow for a legal possession of a firearm as well hopefully answer the question if New York’s denial of the applications for a concealed carry license for self-defense violates the second amendment.
https://digitalcommons.cwu.edu/source/2022/COTS/46
Faculty Mentor(s)
Teresa Divine