Posts Tagged new york

Supreme Court To Hear NY Gun Case

From The Truth About Guns:

The Second Amendment Foundation today cheered the U.S. Supreme Court’s decision to move forward with a case that challenges a New York City gun law that was so restrictive the city amended it, and then tried to get the high court to dismiss the case.

“We’re delighted that the Supreme Court will move this important case forward,” said SAF founder and Executive Vice President Alan M. Gottlieb. “The Second Amendment Foundation has filed an amicus brief in support of overturning this egregious attempt to infringe on the right to keep and bear arms. We are confident that the high court will ultimately rule in favor of Second Amendment rights.”

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NY Gun Case Set For Argument On Dec. 2

From NRA-ILA:

Now, it seems, their reckoning may be nigh, as the high court has scheduled the case for argument on Dec. 2.
The lawsuit, New York State Rifle & Pistol Assoc., Inc. v. City of New York, offers a revealing look into the mindset of gun control extremists, and in particular, their refusal to acknowledge the Supreme Court’s precedents that recognize the right to keep and bear arms as a fundamental, individual liberty.

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Why A “Buyback” Won’t Work

From Reason:

So how has that worked out? Well, according to the National Shooting Sports Foundation’s conservative estimate, New Yorkers owned about 1 million “assault weapons” at the time the ban was passed. So the 44,000 that were actually registered are about 4 percent of the total. This noncompliance with the law is widespread and mostly open, but the police aren’t doing much about it.

I could give several more examples of such reporting. But the upshot is that gun owners are overwhelmingly ignoring the law—and the police are overwhelmingly looking the other way.

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First 2nd Amendment Supreme Court Case Since Heller

From National Constitution Center:

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NY’s Due Process Problem With Red Flags

From Reason:

The new law allows a long list of people to seek an “extreme risk protection order” that bars the respondent from possessing firearms. Potential petitioners include police officers, prosecutors, blood relatives, in-laws, current and former spouses, current and former housemates, current and former girlfriends or boyfriends, people who have produced a child with the respondent, and school administrators or their designees, such as teachers, coaches, and guidance counselors. The “school personnel” covered by the law can even report a former student if he graduated within the previous six months.

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NY Post Overreacts After Shooting

From Bearing Arms:

The New York Post is blasting its support for a new ban on semi-automatic rifles on the front page of the paper today. Op-ed editor Sohab Ahmari tweeted out the news earlier this morning, calling the most commonly sold rifles in the country today “military-grade weapons.”

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NY Bans Teachers From Carrying Guns

From Guns.com:

School districts in the Empire State are now forbidden under a new law from authorizing teachers or other staff to carry firearms on campus.
The move came with New York Gov. Andrew Cuomo’s signature on legislation this week forwarded to his desk by the state’s Democrat-controlled legislature. The bill, S.101A, stipulates that schools can’t issue an authorization to carry a gun to any teacher, administrator or other people not primarily employed as a school resource officer, law enforcement officer or security guard.

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NY Expands Waiting Period To 30 Days

From Guns.com:

New York Gov. Andrew Cuomo signed a new law Monday that would extend the waiting period for National Instant Criminal Background Check System delays on gun transfers from three days to 30.

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NY’s Insane Gun Laws

From Bearing Arms:

A 64-year-old Deerfield homeowner was charged with illegal firearm possession and arrested after he used a gun he’d inherited from his deceased father to kill two repeat burglars. Then upon his release from a jail a couple of days later, he found himself homeless because his house had been condemned.

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NY Hopes To Avoid Supreme Court By Dumping Law

From The Truth About Guns:

Until the Supreme Court agreed to hear the dispute, the city had defended the regulation vigorously and successfully, winning in two lower courts. In inviting public comment on the proposed changes, the Police Department said it continued to believe the regulation “furthers and important public-safety interest.”

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SAF Wins Three Court Cases

From The Truth About Guns:

Three victories in three Second Amendment-related cases—two from New York and one from Wisconsin—is good news for gun rights, the Second Amendment Foundation said today.

“This should be tantamount to ‘three strikes and you’re out’,” said SAF founder and Executive Vice President Alan M. Gottlieb. “Gun control took three hard punches and should be down for the count.”

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NY AG Attacks NRA Tax Status

From The Hill:

“The Office of New York State Attorney General Letitia James has launched an investigation related to the National Rifle Association (NRA),” Kelly Donnelly, a spokeswoman for the attorney general, said in an email, according to The Associated Press. “As part of this investigation, the Attorney General has issued subpoenas.”
The Times added that James on Friday instructed the NRA and its affiliated entities to preserve all relevant financial records as part of the probe. The NRA’s charitable foundation was reportedly one of the affiliated entities to receive the instructions. 

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NY Gun Case Headed To Supremes

From The Atlantic:

It has been 11 years since a 5–4 majority, in District of Columbia v. Heller, announced that the Second Amendment protects an individual right to possess handguns in the home for purposes of self-defense. It has been nine years since the same majority held in McDonald v. City of Chicago that an identical handgun-possession right is “incorporated” by the due-process clause of the Fourteenth Amendment (which means it applies to states—and cities—as well as to the federal government). The Court in Heller indicated that it was deciding only a narrow question. Justice Antonin Scalia’s opinion cautioned that “nothing in our opinion should be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms.”

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Supreme Court Takes NY Gun Case

From Reason:

The Supreme Court has agreed for the first time since 2010 to take up a case related to the Second Amendment. That case is New York State Rifle & Pistol Association v. City of New York, which was discussed in an April 2014 Reason feature “Five Gun Rights Cases to Watch.” The case has been crawling through the courts ever since.

The lawsuit challenges New York City laws that restrict—unreasonably so, to the plaintiffs—the right of licensed New York handgun owners to carry their guns outside city limits. As I wrote back in 2014, the city’s law “demonstrates the picayune restrictions on a core constitutional right that localities still indulge in after Heller—even when the laws in question will reduce the safety of citizen gun ownership, in this case by making gun training and practice more difficult.”

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Rural New Yorkers Resist Gun Restrictions

From The Daily News:

The NY SAFE Act gun control law met opposition from a wide swath of area residents when it was approved six years ago and Second Amendment rights continue to be a concern for them, which was part of why the county’s Board of Supervisors on Tuesday approved a resolution titled “Opposing Infringements on the Rights of Legitimate Firearm Owners.”

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