Does The Second Amendment Protect a Right To Concealed Carry?
- July 18th, 2015
- John S. Chambers
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Let’s get one thing clear: YOU HAVE NO CONSTITUTIONAL RIGHT TO CARRY A CONCEALED WEAPON.
The Second Amendment delineates a right to “keep and bear arms” inside your home for protection of yourself and your family. This right does not extend to the streets of this metropolis. It literally stops at your front door (inside your front door, that is).
And, this right does not include your right to own ANY kind of gun you want to own….this right does not preclude “rational regulation” by government bodies.
But let’s get back to the CARRY issue.
If you desire a concealed carry within the City of New York, you must own a business. The only people who are licensed to carry concealed in NYC who are not business owners are people like ROBERT DINARO, HOWARD STERN, etc.
Celebrates qualify for this type of license, as most of them can document threats (particularly someone as controversial as Howard Stern). People generally seem to have a problem with celebs getting carry licenses. They resent it. Why?
I have represented celebrity lawyers (defined as “celebs,” as they are often seen on CNN, Fox News, etc.), in connection with concealed carry applications. These coveted carry licenses (good statewide) are issued to these individuals not based upon “lawyer” statue, but upon “celebrity” status. One of my celebrity lawyer clients has been routinely followed and harassed by members of the public. Similar to other celebrities, these high profile status of these men makes them easy targets.
I discuss “proper cause” in another blog. Essentially, the state law requires that you demonstrate proper cause before a carry will be issued.
If you are not a celebrity, you must own a business in the five boroughs, and provide documentation to establish that you have “distinguished yourself from countless others who do business in the City of New York without the benefit of a concealed handgun.” In other words, if you own a gas station, and you deposit significant amounts of cash, stay open 24 hours a day, and have other risk factors, you are high on the list of being able to qualify for a concealed handgun license. If you own a bakery, and most of your business is via credit card, it’s unlike you could ever qualify for a full carry in NYC. Again, these are examples, and not hard and fast rules. Additionally, for that bakery owner, she might have OTHER factors which give rise to a great risk.
The carry formula has never been stagnant in NYC. It truly is based upon a multitude of factors.
Another way to obtain a carry is to become a security officer. This kind of carry, however, is NOT full carry. And, the carry is not truly “your” carry– you are “endorsed” by the company you work for, and the license is theirs in essence….when you leave them, the carry is cancelled. Additionally, you cannot carry outside of the hours of your employment. You also must take various courses in order to obtain a license for carry guard- without both a job in security and a state issued security guard certificate, you cannot qualify for a carry guard handgun license.
Although it is true that some of our clients have been licensed for concealed carry based upon document threats, however, whenever this has happened, the individual is also either been a celebrity, business owner, or otherwise high profile person.
We have never heard of a person procuring a pistol license based solely upon threats against them. Don’t forget, if you have several orders of protection against someone else, the NYPD is going to be very careful in issuing you any kind of pistol license. The Department is not going to issue you a license for gun possession when you are in the middle of a situation that could escalate any moment into a violent confrontation- even if you are not the instigator.