A state judge on Long Island has ruled that the Nassau County Police Department cannot require a pistol license applicant to undergo a urine drug test or turn over a list of his social media accounts.
Justice James P. McCormack said both local requirements are unconstitutional in a 14-page decision, and ordered the department to reconsider Nassau County resident Joseph Kamenshchik’s application within 30 days.
While the ruling only applies to Kamenshchik and not every person who applies for a concealed carry permit, it could have further reach if county officials appeal the decision.
The case marks the latest in a series of legal battles playing out across New York as Second Amendment advocates challenge local permitting rules and the state’s strict gun licensing measures.
After the U.S. Supreme Court’s 2022 ruling in New York State Rifle & Pistol Association, Inc. v. Bruen struck down the state’s more than 100-year-old gun permitting scheme, lawmakers passed a host of application requirements, including in-person interviews, 18 hours of training, and a demonstration of “good moral character.”
The high court’s ruling and the state’s new gun law, the Concealed Carry Improvement Act, have prompted a flood of lawsuits, many of which are still moving through the court system. Gov. Kathy Hochul and Attorney General Letitia James have both vowed to defend the act, which they say keeps New Yorkers safe by preventing gun violence.
A spokesperson for Nassau County did not respond to a request for comment on Thursday.
Kamenshchik said in an interview that he doesn’t object to the new application criteria laid out in state law, but rather the county’s licensing system. He said it goes “way above” what the state requires — particularly the urinalysis mandate.
“I have to pull down my pants in order to exercise a constitutional right,” Kamenshchik said. “That seems a little bit excessive.”
McCormack ruled the requirement for a urine screening conflicted…
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