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Supreme Court Passes on Second Amendment Case
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Posted by

Michael M. Levin, Esq.


May 13, 2013 - 5:08 pm

Concealed CarryImage EnlargerOn April 15, 2013, the United States Supreme Court declined to consider a case that would clarify the right to own a firearm outside the home for lawful purposes such as self-defense.

The petition in the case of Kachalsky v. Cacace asked the Supreme Court to rule on two questions: Does the Second Amendment permit handguns for self-defense outside the home? And, do state officials violate the Second Amendment by denying handgun carry licenses in certain cases?

The writ of certiorari petition for the case was backed by the Second Amendment Foundation. As is the Court’s custom, no reason(s) were given as to why it declined to take the case.

Five New Yorkers brought the case to court after they were denied permits to carry their handguns in public. New York’s law requires people who want to carry a concealed handgun to prove they have a special reason before getting a license.


Posted by



May 18, 2013 - 3:29 pm

I can never tell with these cases if it is limited to concealed carry or any carry, including open carry of weapons.  It makes a difference to me.  If it limits only concealed carry, then it doesn’t really impact open carry and I can understand why the court wouldn’t be interested.  The question of whether a state can restrict the carrying of a concealed weapon focuses on the “concealed” nature of the carry, not on the overall right itself.  Consequently, the regulation doesn’t actually stop you from carrying a weapon in public for defense as long as it isn’t concealed.

But there are lots of places that if you were open carrying a weapon, you’d be stopped pretty routinely.  But that’s a different issue.  I used to go to shooting ranges on a motorcycle and used to just put my weapons in a case mounted on the bike.  No one knew they were there, but it was similar to having a gun locked in the trunk – you don’t have access to it. 

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