By Andrew Chung

TROY, N.Y. – Justice Richard McNally Jr. knows he is a notorious gun enthusiast in New York’s upstate County of Rensselaer. His tough selling skills are evident when it comes to granting permit holders the right to conceal handguns.

McNally maintains that McNally applies the law as it was written in 1913 New York’s concealed-carry licensing statute. This limits licenses only to individuals who can prove a “proper reason” for having them.

McNally stated that the law was meant to give broad discretion to local licensing officers and take into account geography. “I believe it has worked quite well for the past 100 year.”

The state police and judges could soon lose this discretion. McNally’s refusal to grant unrestricted licenses for two county gun owners is the center of a significant gun rights case due to be tried at the U.S. Supreme Court next week. A decision is expected by the end next June.

A group of plaintiffs backed the National Rifle Association (an influential lobbying organization aligned closely with the Republican Party) are contesting the “proper Cause” requirement, claiming it violates the Second Amendment U.S. Constitution right to “keep, bear arms”.

New York’s gun laws would be struck down by a ruling. This is the largest expansion in gun rights since 2008’s landmark Supreme Court ruling, which recognized the individual’s self-defense right and allowed them to have a firearm at home. In 2010, the justices extended the District of Columbia decision to all states.

Many Americans cherish gun rights. This is a controversial issue for a country that has seen high levels of firearm violence and many mass shootings. It is considered sympathetic to gun rights by the Supreme Court’s conservative 6-3 majority.

Gun control supporters fear the New York case will impact other state and local gun legislations, including “red flag” laws targeting dangerous persons or restrictions on untraceable “ghost guns.” New York law supporters said that striking down the law could also jeopardize gun bans in places like schools, courtshouses and hospitals.

Because they believe confrontations are most likely in this area, the challengers to the case want the unrestricted right to conceal handguns in public.

New York City and seven U.S. states, including California, allow authorities to determine whether a person can legally carry a firearm even though they have passed other requirements such as background checks. This power may be removed and officials could have to issue additional concealed-carry permits.

The stakes are extremely high. Eric Tirschwell is executive director of Everytown Law, a gun safety group.

“GOD-GIVEN Right”

The New York State Rifle & Pistol Association, the NRA’s affiliate in the state, is a plaintiff in the case. Tom King, its president, stated that “This is a God given right that’s protected under the (Constitution’s) Bill of Rights. And nothing in the Bill of Rights states that your right of self-defense ends at your door.”

Most applicants need to convince a firearms licensing officer they are able to carry concealed handguns without restrictions.

Robert Nash (gun-owner plaintiff) and Brandon Koch (gun-owner defendant), do not pose any unique or special danger. However, they want to keep their guns in public self-defense.

McNally refused Nash’s 2016 request for an unlimited license and Koch’s 2018 for 2018. They were allowed to use their guns only for hunting, target practice, and other outdoor activities. King formed a group with McNally to file a lawsuit against the judge in 2018 and the police.

Nash and Koch refused to interview through an NRA spokesperson. After the Manhattan-based Second U.S., they appealed to Supreme Court. Their lawsuit was dismissed by the Circuit Court of Appeals last year.

According to the plaintiffs, this law prevents New Yorkers with average incomes from applying for concealed-carry permits. The Supreme Court was defended by Letitia James’s data that showed around 65% of applicants were granted unrestricted concealed carry licenses in New York State.

According to the state, officials can make decisions about public safety based on their local surroundings. New York City for instance enforces it stricter in order to decrease gun violence within dense urban environments.

Many gun owners are annoyed by this lack of uniformity.

Phil Minissale, who is a former owner of a restaurant and a member to Rensselaer County’s gun club, said that “it’s just too random.”

Minissale believes judges shouldn’t be allowed to refuse law-abiding, “good people”, unrestricted permits. Minissale stated that if McNally decides someone’s request, he “knows it’s going to not be positive for them.”

McNally (60) is sitting behind a paper-wrecked desk with an image of the scales and justice. His white hair, reading glasses, and neck are all typical of a judge. McNally views himself as “regular guy”, having previously served as county district attorney.

McNally refused to comment on the case but acknowledged that he is well-known among gun owners. He said that McNally grew up in Syracuse near a gun club and spent time firing at firing ranges.

According to the judge, he allows unrestricted licenses only when necessary.