Law Commons^™

Why The New York State System For Obtaining A License To Carry A Concealed Weapon Is Unconstitutional, Suzanne Novak

Fordham Urban Law Journal

The New York State administrative system for obtaining a license to carry a concealed weapon violates the state constitution and the tenets of administrative law vital to a democratic society. This article discusses the failures of the New York State administrative procedures for issuing carry licenses. In addition, this article asserts that by avoiding policy determinations, the legislature has created a system that disadvantages both individual applicants and the public at large. This article concludes that both the New York Legislature and courts must act to rectify the state's unconstitutional and undemocratic scheme for issuing carry licenses.