"On Monday, the New York Court of Appeals found that the state's requirement to provide a reason why they should be allowed to own a firearm which was struck down by the U.S. Supreme Court's ruling in New York State Rifle & Pistol Association, Inc. v. Bruen, to be severable from the rest of New York's detailed licensing system. In its decision, the court upheld the state's right to impose certain limitations on the right to carry a concealed weapon."
"We find the proper cause' requirement severable, Associate Judge Caitlin Halligan wrote for the court. The text and structure of the licensing scheme evince a clear legislative intent to regulate the lawful purchase, possession, and use of firearms We find it implausible that the Legislature would have intended for all of these other provisions to be invalidated simply because the proper cause requirement was deemed unenforceable."
New York's Court of Appeals rejected a challenge claiming the Bruen ruling invalidated the state's entire gun licensing system. The court held that the proper-cause requirement struck down by the U.S. Supreme Court is severable from the remainder of New York's detailed licensing scheme, allowing other licensing provisions and limits on concealed carry to remain in effect. The court cited legislative intent to regulate lawful purchase, possession, and use of firearms and found it implausible the Legislature intended wholesale invalidation. The defendant failed to show the entire law unconstitutional in every application, and the illegal-possession conviction was not reversed.
Read at www.amny.com
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