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KACHALSKY v. COUNTY OF WESTCHESTER

Docket Nos. 11-3642 (Lead), 11-3962(XAP).

701 F.3d 81 (2012)

Alan KACHALSKY, Christina Nikolov, Johnnie Nance, Anna Marcucci-Nance, Eric Detmer, Second Amendment Foundation, Inc., Plaintiffs-Appellants-Cross-Appellees, v. COUNTY OF WESTCHESTER, Defendant-Appellee-Cross-Appellant, Susan Cacace, Jeffrey A. Cohen, Albert Lorenzor, Robert K. Holdman, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: November 27, 2012.

Attorney(s) appearing for the Case

Alan Gura, Gura & Possessky, PLLC, Alexandria, VA, for Plaintiffs-Appellants-Cross-Appellees.

Thomas G. Gardiner, Sr. Assistant County Attorney (James Castro-Blanco, Chief Deputy County Attorney, on the brief), for Robert F. Meehan, County Attorney for the County of Westchester, Westchester, NY, for Defendant-Appellee-Cross-Appellant.

Simon Heller, Assistant Solicitor General (Barbara D. Underwood, Solicitor General, Richard Dearing, Deputy Solicitor General, on the brief), for Eric T. Schneiderman, Attorney General of the State of New York, New York, NY, for Defendants-Appellees.

Before: KATZMANN, WESLEY and LYNCH, Circuit Judges.

WESLEY, Circuit Judge:

This appeal presents a single issue: Does New York's handgun licensing scheme violate the Second Amendment by requiring an applicant to demonstrate "proper cause" to obtain a license to carry a concealed handgun in public?

Plaintiffs Alan Kachalsky, Christina Nikolov, Johnnie Nance, Anna Marcucci-Nance, and Eric Detmer (together, the "Plaintiffs") all seek to carry handguns outside the home for self-defense. Each applied for and was...

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