In the News: NYCLA President Vince Chang Speaks on New York’s Conceal Carry Regulations in Light of the Supreme Court Decision in NYSRPA v. Bruen Case

On June 30, 2022, New York Law Journal published an article interviewing New York County Lawyers Association (NYCLA) President, Vince Chang (a former AABANY President (2007)), on his insights about New York’s conceal-carry regulations. Chang suggests there’s a limited number of places where permit holders can conceal-carry their guns in New York. 

Governor Hochul and other state legislatures convened in Albany late June to discuss the extent of regulating the concealed carry of firearms and their impact on the public safety of New Yorkers. The Supreme Court’s recent ruling on New York State Rifle & Pistol Association, Inc. v. Bruen has forced government officials, including Gov. Hochul, to act swiftly and address the likelihood of an increase in licenses and in the number of individuals who will likely purchase and carry weapons in New York State. The legislation is meant to strengthen New York’s gun laws to bolster restrictions on concealed carry weapons and still align with the ruling in Bruen

Chang spoke in favor of regulating New York laws on conceal carry by stating that guns should be excluded from public areas including governmental locations, public transit, auditoriums, arenas, health care facilities, places where alcohol is served, and houses of worship. “We urge the legislature to implement laws to that effect, and we believe it probably will,” Chang said. 

According to Chang, an individual’s right to property takes precedence over their Second Amendment right, and property owners have the right to exclude firearms from their property. Just as private property owners can welcome concealed carry permit holders, those property owners who do not want firearms on their premises can restrict them by placing signs prohibiting them on their private property.

Under Chang’s leadership, NYCLA was the only bar association in the state to file an amicus brief supporting the New York state law at issue in Bruen. NYCLA recommended fingerprinting, background checks, mental health record checks, and training in firearms as a counter for the “conservative and reckless” Supreme Court decision. NYCLA’s letter to Gov. Hochul stated how the Bruen decision “effectively switched the burden of proof from the applicant who had to demonstrate proper cause, to the state, which must demonstrate, under deniable standards, that a license should not be granted.” Gov. Hochul’s new legislative package emphasizes the government’s priority to keep the public safe and prevent deaths and injuries by firearms. The law will take effect on September 1, 2022.

Read the full article here. (Subscription required.)

In the News: Judge Pamela K. Chen Rules New York Ban on Nunchucks Unconstitutional

On December 14, 2018, AABANY member Judge Pamela K. Chen, of the U.S District Court for the Eastern District of New York, made news with her decision in Maloney v. Singas. Judge Chen held that a 44 year old New York state law banning nunchucks is unconstitutional. In her ruling, Judge Chen stated that the ban violated both the Second Amendment and State Constitutional right to bear arms.

Judge Chen noted, “The centuries-old history of nunchaku being used as defensive weapons strongly suggests their possession, like the possession of firearms, is at the core of the Second Amendment.”

To read the full New York Times article, go here: https://www.nytimes.com/2018/12/19/nyregion/nunchuks-ban-overturned-new-york.html


To read the full decision, go here: https://reason.com/assets/db/15451588294642.pdf