SHE WAS AIMING FOR A CHANGE, AND GAVE APPEAL A SHOT
In 2017, CADG was granted a pistol permit which was restricted to hunting and target shooting. When she challenged the restrictions, that effort was rebuffed in 2019. After a hearing in 2020, the request to amend the permit was again denied because she failed to show “proper cause.”
After she filed a special proceeding with the Appellate Division, Third Department, [pursuant to CPLR Article78], that court noted that as of June 30, 2022, the United States Supreme Court had found the “proper cause” standard unconstitutional (violative of the Second and Fourteenth Amendments).
Applying current law, the AD3 granted CADG’s petition and annulled the underlying determination given its application of an unconstitutional standard.
That certainly hit the mark!
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DECISION