SCOTUS has no problems venturing a bit broader if they see fit, that's why I was disappointed.
Unfortunately or fortunately, I can't bring forward the licensing question as I wasn't denied one
Supreme overturns NY Law
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Unfortunately or fortunately, I can't bring forward the licensing question as I wasn't denied one
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"We are winning."
Eh.. It seems SCOTUS is focused on the ever growing number of unconstitutional laws popping up in the same few dumpster fire states(in terms of constitutional rights) and barely keeping up..
Winning would be going after things(like the NFA) that are unconstitutional for the entire nation.
Feels like we're on a treadmill.. Not losing but certainly not advancing either. Happy for NY.
Eh.. It seems SCOTUS is focused on the ever growing number of unconstitutional laws popping up in the same few dumpster fire states(in terms of constitutional rights) and barely keeping up..
Winning would be going after things(like the NFA) that are unconstitutional for the entire nation.
Feels like we're on a treadmill.. Not losing but certainly not advancing either. Happy for NY.
This may push for removing NY county judges the current issuer arbitration of good cause from the equation in the process. Moving more to an administrative functionary and speeding license process time up instead of waiting typically 9-12months to be issues
Also I wonder if this voids the NYC carve out that restricts /voids Upstate residents with a license from carrying in NYC. Always saw this as inequality for same state residents and of course all Americans wanting to visit NYC where it might be needed.
Also I wonder if this voids the NYC carve out that restricts /voids Upstate residents with a license from carrying in NYC. Always saw this as inequality for same state residents and of course all Americans wanting to visit NYC where it might be needed.
Doubt it, NYS doesn't have state preemption on gun laws and since this is part of licensing "use" and not "application" (e.g. just like PA not recognizing NY license) it'd require another court challenge...
"Third Herd". 3/5th Cavalry, Kirchgoens (The Rock) 1988-92.
US Supreme Court reverses New York law limit gun rights
In a win for gun rights advocates, the US Supreme Court has reversed a New York law limiting weapons carrying rules.www.bbc.com
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I'd think it would be ripe for attack as a denial of "Equal protection under the law", but I'm not a lawyer any more so I guess my education and experience in the past is without meaning.
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Okay a win, very fine indeed. Now, lets hear from someone in NY State about if this decision
made any difference on the ground there....or was it dismissed out of hand.
The problem with our nation at present is non enforcement of laws on criminals and only enforcing laws Democrat judges, and State AG's choose to enforce up citizens..
made any difference on the ground there....or was it dismissed out of hand.
The problem with our nation at present is non enforcement of laws on criminals and only enforcing laws Democrat judges, and State AG's choose to enforce up citizens..
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It is much better than y'all are giving it credit for being. The NY law was always toast -- even the defense knew it, which is why they tried to get the case dropped when NYC repealed what was the possibly the dumbest gun law ever passed: "even if you somehow managed to convince us to issue you a carry permit, you can only transport your gun outside the home to one of the 8 NYC pistol ranges, and their lanes are booked solid for the next ten thousand years; have a nice day." The REAL significance of this case is that it completely eliminates the legal analyses known as "intermediate scrutiny" and "strict scrutiny" previously used to uphold clearly unconstitutional gun laws of all stripes and colors. No such nonsense exists for analyzing whether laws violate the First Amendment or any other constitutional amendment; and now, it no longer exists for analyzing gun laws, either. That is an earth-shaking sea change in legal circles. Wait to see how it plays out over the next few years before passing judgment on the significance of the decision. Remember: patience is a virtue -- and nothing good happens overnight.
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I lived in New Yorkistan until I moved to Texas. In NY, I could not get a carry permit in the county in which I lived, period. They were simply not granted by the state court judges whose signatures were required on your application. End of discussion. The part of the application that asked "describe the unique and special circumstances that require you to carry a handgun" is now verboten, so the judge will have to find some other disqualifying reason to deny the application, an impairment that almost every law-abiding citizen doesn't have. My guess is that the system gets changed to eliminate the stupid and pointless involvement of a state court judge AFTER the State Police have already done their job and approved the applicant. But no one should expect it to happen overnight.
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I live in the People's Republic of New York and this ruling essentially means that I don't need to provide a reason to carry a handgun outside the home. Justice Thomas got it spot on when he said in his opinion, “We know of no other constitutional right that an individual may exercise only after demonstrating to government officers some special need.”
I still need to get a license first though... And I have a sinking suspicion that the due process for permit approval is going to take a lot longer seemingly overnight... Perhaps just long enough for the cronies in Albany to pass some ridiculous law to work around the SCOTUS decision. The reason I think this law hasn't been challenged until now is that because over the last 20+ years NY judges have taken such a sharp turn left, that the "strict scrutiny" they were applying became such a high bar, that practically no one met it. That was the whole goal. It took them over 100 years but they finally got there. They pushed the envelope and got burned.
Not to mention New York has the stupidest permit process of any state. All other states permits are issued on a state-wide basis but in New York it is handled county-by-county. Also, if you hold a license from ANY of the other 49 states in the Union, New York will not recognize it LOL. Come here with a handgun, get a felony. YIKES. Did I mention it's going to be a felony if you OWN body armor (no grandfather provision). Never knew clothing could kill. The People Republic of New York is the definition of dysfunction, and I know because I unfortunately live here.
I still need to get a license first though... And I have a sinking suspicion that the due process for permit approval is going to take a lot longer seemingly overnight... Perhaps just long enough for the cronies in Albany to pass some ridiculous law to work around the SCOTUS decision. The reason I think this law hasn't been challenged until now is that because over the last 20+ years NY judges have taken such a sharp turn left, that the "strict scrutiny" they were applying became such a high bar, that practically no one met it. That was the whole goal. It took them over 100 years but they finally got there. They pushed the envelope and got burned.
Not to mention New York has the stupidest permit process of any state. All other states permits are issued on a state-wide basis but in New York it is handled county-by-county. Also, if you hold a license from ANY of the other 49 states in the Union, New York will not recognize it LOL. Come here with a handgun, get a felony. YIKES. Did I mention it's going to be a felony if you OWN body armor (no grandfather provision). Never knew clothing could kill. The People Republic of New York is the definition of dysfunction, and I know because I unfortunately live here.
Those judges and other licensing authorities will most certainly think twice once the first civil rights violation is filed............remember, this decision has put that system in the target range of civil rights violations that carry PERSONAL criminal and civil penalties. Those state judges do not enjoy immunity if they knowingly deny an articulated right!
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OnlyMil, you should leave that awful place. I should have left sooner. The funniest thing about NY's new body armor law, as I understand it -- if "funny" is the right word -- is that it outlaws SOFT armor. The Buffalo shooter was wearing hard plates. I wonder how I'm going to get through airport TSA with my NY-legal hard plate carrier on when I go back to visit (actually, IF I ever go back to visit).
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Has the NFA ever even been challenged? That'd be great if that could go, we would be back to the REAL America then. Also, the '68 GCA and '86 FOPA need to go too.
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Yes, it has. The (in)famous Miller case.
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Sad that freedom is considered radical.
That is specifically disapproved of in footnote 9 on page 30.
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Maybe so, maybe no. I don't foresee a case reaching the High Court on the NFA, but they have done things I never expected, so won't say "never".
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I think you hit the nail on the head! SCOTUS said all 2A laws must now use "Text, History and Tradition" instead of 2 step (intermediate or strict) scrutiny etc... This will change how the circuit courts (2nd and 9th) get around the use these other scrutinies to ban bump stocks, FRT triggers, large magazines, assault rifles... Of course this will have to wind its way through the courts. However, I'm looking at it as a tremendous victory for our 2A rights today! Go out and celebrate!
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PA issues by county.
Center county, AKA Penn State, used to accept permits from any county, to make money, but AFAIK, that ended, they did it all by mail, now, you have to get the permit in person.
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