Kachalsky v. County of Westchester
Court of Appeals for the Second Circuit · No. 11-3642 (L) · 701 F.3d 81
👎Unfavorable to gun rights
upheld New York's may-issue "proper cause" carry requirement on the merits
GunMapUSA assessment of the outcome's direction, not a statement that the court decided rightly or wrongly.
What the court held
Five applicants denied concealed-carry licenses challenged New York Penal Law section 400.00(2)(f), which requires an applicant to show "proper cause" (a special need for self-protection) to carry a handgun in public. The Second Circuit affirmed summary judgment for the state, holding that public carry falls outside the core of Heller, that intermediate scrutiny applies, and that the proper cause requirement is substantially related to New York's interests in public safety and crime prevention. It also rejected the plaintiffs' facial overbreadth challenge.
Summarized from the court's opinion.
What this case is about
New York "proper cause" requirement for a handgun carry license
GunMapUSA summary of the issue, not a quotation from the court.
Key Dates
- 2012-11-27 — Decided
Sources
- CourtListener — retrieved 2026-08-08
Summary of public court records. Not legal advice.