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Paul, Weiss Files Briefs on Behalf of ABA and Partnership for NYC in Supreme Court Concealed Firearms Case
- Client News
- September 21, 2021
Paul, Weiss filed two amicus briefs in the U.S. Supreme Court, one on behalf of the American Bar Association and one on behalf of the Partnership for New York City, in New York State Rifle & Pistol Association, Inc. et al. v. Bruen, et al. Widely considered the most significant Second Amendment case the Supreme Court has heard since its landmark decisions in District of Columbia v. Heller and McDonald v. City of Chicago, this case involves a challenge to New York State’s concealed carry licensing regime.
The ABA amicus brief argues that the lower court’s decision upholding New York State’s concealed carry regime should be affirmed in keeping with state and local governments’ longstanding ability to tailor firearm carry regulation to local conditions and needs, within constitutional constraints. Leveraging the ABA’s large body of policy and research with respect to firearms regulation and gun violence prevention, the ABA brief illustrates how state and local governments have taken diverse approaches to carry regulation that reflect evolving judgments about how best to protect public safety. The ABA brief also argues that respecting state and local government reliance interests with respect to their flexibility in adapting carry regulations to local needs is fully compatible with the Second Amendment and Supreme Court precedent.
The Partnership amicus brief argues that New York City’s unique population density makes the reasonable regulation of firearms necessary for public safety. New Yorkers interacting in the city’s many communal spaces are frequently in close proximity to one another, and any discharge of firearms can result in outsized collateral injury or death to bystanders. The brief also relies on the deep expertise of the Partnership and its members—in operating businesses in New York City and engaging government, nonprofit and community leaders on business issues—to argue that an unrestricted concealed carry right would have grave consequences for the city’s economic health. The brief argues that proliferation of additional guns on the streets would reduce business growth, as employees and customers become more fearful for their safety. Businesses that attempt to restrict firearms possession on their premises would face the high costs of increased security measures and place business owners and employees at heightened risk should any confrontations arise over the enforcement of the policy.