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 Jonathan Corbett, Civil Rights Attorney

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ny gun license

N.Y. Gov. Hochul Sued Over Requirement to Hand Over Social Media Accounts to Apply for Gun License

For the last century, New York’s “proper cause” requirement required gun license applicants to demonstrate a greater need than the average citizen in order to carry a gun. When last month, the U.S. Supreme Court decided New York State Rifle & Pistol Association, Inc. v. Bruen, 597 U.S. ____ (2022), explicitly holding that the Constitution provides an individual right to carry firearms outside of the home and that the state may not ban the ordinary, law-abiding citizen from doing so, it overturned that proper cause requirement and made clear that the states cannot seek to disenfranchise its citizens en masse.

In response, New York Gov. Kathy Hochul convened a special session of the legislature to try to keep guns out of the hands of as many New Yorkers as possible, ignoring the Supreme Court’s mandate that the right to bear arms be respected, and among many other new requirements, the legislature passed a rule that requires all applicants to disclose every social media account they have used in the last 3 years.

This morning I filed suit against Gov. Hochul and this new law, explaining it in terms I think she can understand and, in fact, should make clear to anyone, regardless of what position they take on gun control, that this is the worst possible solution:

An applicant who has had an abortion and has used the anonymity of social media to seek comfort is now outed, as is the gay person struggling to come out to their family. An applicant with an “Only Fans” who sells nude pictures of themselves online would now be required to let police officers take a look at their body. The person who uses social media to document police misconduct, too, must de-anonymize themselves, as is the supporter of Black Lives Matter or any other marginalized political group.

In other words, the government has no business in our social media. My lawsuit also challenges a character reference requirement and a training requirement that are both designed not to ensure applicants are “good guys,” but simply to ensure that as few as possible are able to jump through enough hoops to get a license.

The case is Corbett v. Hochul, 22-CV-5867 in the U.S. District Court for the Southern District of New York.

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Is It *Really* Impossible To Get A Gun License in NYC? (Part XIV — Supreme Court Strikes Down Proper Cause)

This is the fourteenth installment of a series documenting an ordinary New Yorker attempting to exercise his Second Amendment rights: Part I (license application), Part II (application rejected), Part III (the lawsuit), Part IV (appeal filed), Part V (appellate briefing complete), Part VI (N.Y. Appeals Court Not Interested in Ending NYPD Corruption), Part VII (Corruption? You Can’t Prove It!), Part VIII (appeal to N.Y. high court), Part IX (N.Y. Court of Appeals won’t hear), Part X (Federal Lawsuit Filed), Part XI (Federal Court Refuses Challenge), Part XII (U.S. Court of Appeals), Part XIII (No Help from Second Circuit). 

Total Time Spent So Far: 88 hours
Total Money Spent So Far: $2,744

Before the pandemic, I published 13 parts of a series on what it is like for an ordinary, law-abiding citizen to obtain a permit to carry a gun in New York City, in light of state law that requires one to demonstrate “proper cause” (in other words, a reason you need a gun greater than that of the average citizen) before such a license will issue. We left off with the U.S. Court of Appeals for the Second Circuit declining to reach the merits of my case because, they wrote, that a state court had already adjudicated the matter so they didn’t have to.

I had planned to re-apply and then re-file in federal court without starting in state court, but coronavirus happened and pandemic-related cases ended up dominating my time. In the meantime, however, I looked at how one could qualify for “proper cause.” Regularly carrying around large amounts of money was one way, so I started documenting whenever I had large amounts of cash. Running or working for a security company was another way, so I took and passed New York’s exam required as a prerequisite to starting such a company. I ended up re-filing my application earlier this year, but it appears we’ll never find out if I reached a level that would be sufficiently “proper” in the eyes of the NYPD Licensing Division, as today, the U.S. Supreme Court struck down the proper cause requirement in NYSPRA v. Bruen. The high court held, as was obvious, that you cannot parse the word “bear” in “the right to keep and bear arms” without concluding that the amendment provides for outside-of-home rights.

New York officials are predictably apoplectic. Gov. Kathy Hochul took to Twitter to call the decision “reckless.” Manhattan Borough President Mark Levine took to Twitter to flat-out lie, alleging that the decision struck down the requirement to get a permit. I’ve corrected Mark several times when he has made this statement in the past, and he continues to repeat it, possibly not understanding that if a citizen reasonably relies on that statement and carries a gun without a license, they may be able to use his post in defense of a gun charge. But the fact of the matter is that all of the criminals already have their guns, and law-abiding citizens with carry licenses are among the most crime-free group in the country, so there is no reason to expect an increase in violence.

I was told when I submitted my new app earlier this year that it would take 9 months (!!) to even assign my app to an officer. I will certainly update this series when I hear back.

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