Posted on Jan 11, 2023
Supreme Court lets New York gun law remain in effect for now
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"Justice Brett Kavanaugh, joined by Chief Justice John Roberts, also noted in a concurring opinion what he said were the limits of the Supreme Court's decision, including that the Second Amendment allows for a variety of gun regulations, among them laws prohibiting the carrying of firearms in sensitive places like schools and government buildings."
Supreme Court lets New York gun law remain in effect for now
Posted from cbsnews.com
Supreme Court
Firearms and Guns
New York City
Regulation
Posted >1 y ago
Responses: 5
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It is great these folks are willing to fight for gun rights but lets be real here, there is a reason we have 50 different states and a wise person will take what each state gives and takes when deciding a place to live. If firearms are so important another state might be for you. Abortion, there are states for that and if you want both, live in one state that borders a state with the other. I live in Texas and I think people can gather what is important for me.
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MSgt Steve Sweeney
That's great... unless you don't have the means to relocate on a whim or even a strong and long held desire. I suppose all you really need are two operable legs with serviceable feet... but realistically it can be very difficult for a large portion of the U.S. population to just pick up and move when the grass looks greener.
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SFC Casey O'Mally
As a general principle, I agree. States should be allowed to make their own rules.
However, that is a general principle, not an ironclad one. And when that principle runs up against the Constitution, I think the Constitution should win.
IMHO this law is clearly un-Constitutional. So, while I support NY's ability to make law for NY, I have to disagree with this specific law.
Now, as I am not a New Yorker, my opinion is completely irrelevant - and I acknowledge that. So I won't rail against the law or advocate for change or any of that. I will simply offer my sincere condolences for all those gun owners stuck in NY with this ridiculousness. And double condolences for the Soldiers at Fort Drum who literally CAN'T move to escape this ridiculousness.
However, that is a general principle, not an ironclad one. And when that principle runs up against the Constitution, I think the Constitution should win.
IMHO this law is clearly un-Constitutional. So, while I support NY's ability to make law for NY, I have to disagree with this specific law.
Now, as I am not a New Yorker, my opinion is completely irrelevant - and I acknowledge that. So I won't rail against the law or advocate for change or any of that. I will simply offer my sincere condolences for all those gun owners stuck in NY with this ridiculousness. And double condolences for the Soldiers at Fort Drum who literally CAN'T move to escape this ridiculousness.
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MAJ Byron Oyler
MSgt Steve Sweeney - That is where you figure out what in life is important to you. I am not happy with TX abortion laws and the bloody patients I will see in the future in my ER but I know I can have more impact in TX regarding abortion than I will gun laws in many blue states.
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It is not good news for those with concealed carry licenses. IMHO, New York has circumvented the ruling of the Supreme Court. Hopefully they will ultimately decide against NY.
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LTC Eugene Chu thanks for the info...
..."New York's law was an answer to the Supreme Court's Second Amendment decision. Under the state's new measure, a gun owner seeking a concealed carry license must demonstrate "good moral character," provide a list of names and contact information for their spouse and children, provide a list of social media accounts for the past three years, and complete 16 hours of in-person training, among other requirements. The law also prohibits people from carrying firearms in 20 categories of "sensitive locations," such as places of worship or religious observation, bars, ferries, banquet halls, public parks and Times Square.
The six New York gun owners filed their challenge to the state's gun law in late September, and a federal district court blocked enforcement of several provisions of the measure, including the requirement to demonstrate "good moral character" as a condition of licensure, as well as the requirements to disclose three years of social media accounts and names and contact information for family and household members.
The U.S. district court judge also blocked the prohibition on guns in some "sensitive" locations and the ban on firearms in "restricted locations," considered to be all private property in the state unless the property owner allows firearms.
State officials appealed to the 2nd Circuit, asking the appeals court to put the lower court's order on hold. The court granted the request in mid-December, after which the gun owners turned to the Supreme Court.
New York's gun law, they told the court, is "a patently unconstitutional law" and imposes "serious violations of the First, Second, Fifth, and Fourteenth Amendment rights — including nearly extinguishing the ability of New Yorkers with carry licenses to bear arms in public for self-defense."
..."New York's law was an answer to the Supreme Court's Second Amendment decision. Under the state's new measure, a gun owner seeking a concealed carry license must demonstrate "good moral character," provide a list of names and contact information for their spouse and children, provide a list of social media accounts for the past three years, and complete 16 hours of in-person training, among other requirements. The law also prohibits people from carrying firearms in 20 categories of "sensitive locations," such as places of worship or religious observation, bars, ferries, banquet halls, public parks and Times Square.
The six New York gun owners filed their challenge to the state's gun law in late September, and a federal district court blocked enforcement of several provisions of the measure, including the requirement to demonstrate "good moral character" as a condition of licensure, as well as the requirements to disclose three years of social media accounts and names and contact information for family and household members.
The U.S. district court judge also blocked the prohibition on guns in some "sensitive" locations and the ban on firearms in "restricted locations," considered to be all private property in the state unless the property owner allows firearms.
State officials appealed to the 2nd Circuit, asking the appeals court to put the lower court's order on hold. The court granted the request in mid-December, after which the gun owners turned to the Supreme Court.
New York's gun law, they told the court, is "a patently unconstitutional law" and imposes "serious violations of the First, Second, Fifth, and Fourteenth Amendment rights — including nearly extinguishing the ability of New Yorkers with carry licenses to bear arms in public for self-defense."
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