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Constitutional Law Keyed to Levinson
New York State Rifle & Pistol Association, Inc. v. Bruen
Citation:
597 U.S. 1 (2022)Facts
Petitioners Brandon Koch and Robert Nash are law-abiding adult citizens of Rensselaer County, New York. Nash applied for an unrestricted concealed carry license in 2014 for self-defense but was granted only a restricted license for hunting and target shooting. In 2016, Nash requested removal of restrictions, citing neighborhood robberies, but was denied. Koch similarly held a restricted license from 2008-2017 and in 2017 applied to remove restrictions based on his firearms experience. He was denied except for carrying to and from work. Both petitioners wanted to carry handguns for general self-defense but were told they failed to demonstrate the “proper cause” required under New York law – specifically, a special need for self-protection distinguishable from the general community. Neither petitioner alleged any unique danger to their personal safety. They sued under 42 U.S.C. §1983, claiming the denial violated their Second and Fourteenth Amendment rights.
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