SCOTUS 2A Case 2019

[Twospot]

Who wants to supply the pillow

Someone should just touch her. She'll crumble like a dry leaf.

[Twospot]

I guess it depends on how the law is written. Does it simply ban transport, or is possession outside of NYC against the law?

Because if the latter, they aren't transporting a gun to where they're legally allowed to posses it.

I can't imagine the latter is even legal. How can New Your tell me I can't have my gun in PA? It would have to be the transportation they restrict. Either way. Absolute lunacy!

[GunLawyer001]

Under the rationale of Heller, NYC's licensing system is unconstitutional; the current case only applies to the very few New Yorkers able to get a license to own a gun in their home. The challenged restriction isn't about the licensing requirement, it's about the condition that these few people are not allowed to take the gun anywhere except to a few listed local gun clubs.

You have to take these cases one careful step at a time (a lesson some never learned, as evidenced by criticism of Heller not immediately protecting machine gun ownership). Maybe if they get this, they can attack the "license to own in your home" issue next time. Because Heller said you have a right to keep a functioning handgun in your own home, and NYC says "only if we choose to allow that".

[JustinR]

I can't imagine the latter is even legal. How can New Your tell me I can't have my gun in PA? It would have to be the transportation they restrict. Either way. Absolute lunacy!

If you're in PA you're no longer under NY law and are protected by FOPA. But if you have an NYC permit and NYS law recognizes it with such stipulations, you aren't legally allowed to posses it in Albany.

[Twospot]

If you're in PA you're no longer under NY law and are protected by FOPA. But if you have an NYC permit and NYS law recognizes it with such stipulations, you aren't legally allowed to posses it in Albany.

As I said... LUNACY LOL

[Defender]

Under the rationale of Heller, NYC's licensing system is unconstitutional; the current case only applies to the very few New Yorkers able to get a license to own a gun in their home. The challenged restriction isn't about the licensing requirement, it's about the condition that these few people are not allowed to take the gun anywhere except to a few listed local gun clubs.

Seems like one of the most asinine laws I have ever heard about. The gun owners we are talking about have already have been vetted by the state (and the city I presume), yet they can't take them anywhere but the approved places? Un - friggin - believable! This should be overturned and HUGE monetary damages awarded to all involved.

[JustinR]

Reading on this, it sounds like this is a STATE permit, but since NY is may issue they're allowed to put stipulations on it.

It reads that NYS issues premisise permits, hunting permits, and full carry permits. NYC, having may-issue authority, only (except in rare ca$e$) only issues premisise permits - but then allows off premise carry to go to a NYC only range.

This is more complicated than presented, but really looks like it isn't a FOPA case -it's a case that goes against the heart of "may issue" dressed in a NYC "only" case.

[Statkowski]

As I understand New York State firearms laws, the licenses are issued by the counties (in the state's name and under the authority of state law), but each individual county must on its own recognize the other counties, except for the five counties of New York City, which operates under separate law. New York City does not honor licenses issued elsewhere within New York State. All licenses, state and city, are May Issue, but some of the upstate licenses are essentially Shall Issue since their sheriff recognizes Self Defense as a good enough reason for May Issue. The closer one gets to New York City, the more difficult it becomes to justify the issuance.

And nowhere in state law is there any authority for Premises vs. Carry licenses - that's a creation of New York's courts, and they're not going to give up that power without a fight.

[lts1ow]

To bump this, SCOTUS told NY to go F off with their asking for a delay.



Its actually moving along. Color me excited for fellow subjects behind the lines

[Walleye Hunter]

And a second good news out of NY, hopefully this will become a trend.