New York Judge Rejects Pee Tests for Concealed Carry Applicants

(HorizonPost.com) – A New York judge last Tuesday imposed a partial injunction barring Nassau County law enforcement from requiring applicants seeking a handgun permit to undergo drug testing or provide other proof of good character, Newsday reported.

In his decision, State Supreme Court Justice James McCormack wrote that forcing a permit applicant to take a urine test would require them to surrender their 4th Amendment right against unlawful searches and seizures as a way to exercise their rights under the 2nd Amendment.

In addition, Justice McCormack tossed several other requirements for obtaining a concealed-carry permit, including requiring applicants to disclose social media passwords. He also questioned why applicants were required to get fingerprinted at police headquarters which could take as long as eight months and asked why such fingerprinting could not take place at any police precinct instead.

Justice McCormack also ordered a hearing to further address the question of fingerprinting applicants at police precincts as well as the restriction that prevents applicants from using a member of law enforcement or a family member as a personal reference on their permit application.

Nassau County Executive Bruce Blakeman’s office declined to say if it planned to appeal the decision.

In a statement to Newsday, County Executive Blakeman’s spokesman Chris Boyle said the judge’s decision was being reviewed.

Boyle said Blakeman supported the 2nd Amendment “with reasonable conditions” that would not “frustrate an individual’s right” but would ensure that firearms were not getting into the hands of criminals, terrorists, drug addicts, or “emotionally disturbed” individuals.

New York State’s previous permitting law was overturned by the Supreme Court in the case of New York State Rifle & Pistol Association vs. Bruen in 2022.

The Justices determined that New York State violated the Second and Fourteenth Amendments by requiring permit applicants to prove a “special need for self-defense” to obtain a concealed-carry permit.

Following the high court’s decision, New York Governor Kathy Hochul and the Democrat-controlled state legislature enacted a new permit law requiring applicants to provide their social media history, personal references, and other information.

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