NY Judge: Carrying a Gun is a Privilege, Need to Prove Why You Need It

No Cause, No Gun, Judge Tells Gun Lovers
WHITE PLAINS, N.Y. (CN) - Five Westchester residents and the Second Amendment Foundation cannot relax a law forcing citizens to demonstrate proper cause before they pack heat on public streets, a federal judge ruled.
     New York courts have interpreted "proper cause" as having a "special need for self-protection" as compared to the general population.
     "I hold that the state has an important government interest in promoting public safety and preventing crime," U.S. District Judge Cathy Seibel wrote in an order dismissing a class action challenging the regulation.
     Alan Kachalsky, Christina Nikolov, Eric Detmer, Johnnie Nance and Anna Marcucci-Nance say their applications for full-carry permits were rejected, even though they had all been trained in firearms and had spotless criminal records.
     Kachalsky claimed he had proper cause because "we live in a world where sporadic random violence might at any moment place one in a position where one needs to defend oneself or possibly others," court documents say.
     Judge Susan Cacace, his licensing officer, found that this explanation did not distinguish him from anybody else seeking a permit.
     Nikolov said she deserved a license because she passed three firearms safety courses with the National Rifle Association, showed a "calm demeanor" as a pilot and flight instructor, and had a higher likelihood of being the victim of violence as a transgender woman.
     Rejecting her request, Judge Jeffrey A. Cohen explained that a specific threat of violence against her was "conspicuously absent" from her application.

Read more here:  http://www.courthousenews.com/2011/09/06/39572.htm

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