jcutonilli
Ultimate Member
- Mar 28, 2013
- 2,474
This would seem to be a non-starter. Almost all pistols today are concealable, including presumably the ones at issue in Heller and McDonald. People simply don't carry the horseman's pistols or army-navy repeaters anymore, which were the only ones that got protection in the cases NY wants to rely on.
Their arguments want to build up a boogeyman of concealed carry, yet they choose concealed carry over open carry.
I am not sure it is a nonstarter. After all, the question presented is limited to concealed carry. NY is directly addressing the question, which is more than NYSRPA has done.
You keep bringing up the fact that open carry is banned, but that is not an aspect that is part of the question presented. I don't know of any precedent that allows a court to accept something that is not part of the right when they deny they right.
I certainly would not want to rely on an unknown like that especially when it is easy to demonstrate that the historical prohibition was to address a different issue and concealed carry was just the method chosen to accomplish the issue. The fact that NY now allows concealed carry strengthens this argument.