New York’s gun licensing laws will remain just as onerous and capricious as ever, now that the Second Circuit Court of Appeals has rejected a lawsuit filed by the Libertarian Party of New York along with several individuals that sought to have the state’s licensing statutes tossed out as an infringement on the right to keep and bear arms.
The legal challenge faced an uphill climb from the get-go, thanks to the federal district court that first heard the case ruling that the Libertarian Party did not have standing to pursue its legal challenge. The Second Circuit on Tuesday agreed with the lower court, finding that the political party lacked standing because it had not applied for a pistol permit in the state of New York. As for the individuals who had challenged the law, the appellate court determined that none of them had standing to challenge the state statutes either, though the reasons offered by the court border on the Kafka-esque.
According to the Second Circuit, some of the plaintiffs lacked standing to challenge the licensing law because they hadn’t applied for a pistol license. Two plaintiffs who did apply for and receive a pistol license also lack standing to sue, according to the court, because their concern that their licenses will be revoked is “speculative.”