Supreme Court Ruling Eliminates “Proper Cause” Requirement for Public Carry Licenses

On June 24, 2022, the United States Supreme Court issued a 6–3 decision in New York State Rifle & Pistol Association, Inc. v. Bruen, holding that New York’s restrictive handgun licensing scheme violated the Second Amendment.

At issue was New York’s requirement that an applicant demonstrate “proper cause” to obtain a license to carry a concealed handgun. Under that framework, licensing officials were granted broad discretion to determine whether an applicant had shown a sufficiently compelling reason to carry a firearm. General concerns for personal safety or property protection were deemed insufficient.

The Supreme Court rejected that standard.

In its opinion, the Court held that ordinary, law-abiding citizens have a constitutional right to carry handguns publicly for purposes of self-defense. Writing for the majority, Justice Clarence Thomas explained that the Second and Fourteenth Amendments protect an individual’s right to carry a handgun outside the home, consistent with prior Supreme Court decisions recognizing an individual right to keep and bear arms.

Because New York conditioned the issuance of public-carry licenses on a showing of a special or extraordinary need for self-defense, the Court concluded that the state’s licensing regime was unconstitutional.

Certiorari to the United States Court of Appeals for the Second Circuit — Full Opinion