MATTER OF KACHALSKY v. Cacace
New York Court of Appeals · 925 N.E.2d 80
⚖️Procedural — no merits ruling
appeal dismissed for want of a substantial constitutional question; merits never reached
GunMapUSA assessment of the outcome's direction, not a statement that the court decided rightly or wrongly.
What the court held
An applicant denied a concealed-carry license argued that New York's "proper cause" requirement in Penal Law section 400.00(2)(f) violates the Second Amendment. The New York Court of Appeals dismissed his appeal sua sponte on the ground that no substantial constitutional question was directly involved, without addressing the merits. Judge Smith dissented, contending the appeal raised substantial questions and that the court had no discretion to refuse to hear it.
Summarized from the court's opinion.
What this case is about
New York "proper cause" requirement for a license to carry a concealed handgun
GunMapUSA summary of the issue, not a quotation from the court.
Key Dates
- 2010-02-16 — Decided
Sources
- CourtListener — retrieved 2026-08-08
Summary of public court records. Not legal advice.