Thursday, June 23, 2022

Supreme Court Strikes Down NY Concealed Weapons Law


The U.S. Supreme Court struck down New York State’s system for issuing Concealed Weapons Permits, ruling that the Century-old Law requiring that Applicants demonstrate “Proper Cause” and “Good Moral Character” Violates the Second Amendment.

The 6-3 decision, New York State Rifle & Pistol Association Inc. v. Bruen, marks the widest Expansion of Gun Rights since 2010, when the Court applied Nationwide, a 2008 ruling establishing an Individual Right of Armed self-defense within the home. It puts in question similar Laws in at least Eight other States and the District of Columbia, where Authorities hold substantial Discretion over issuing Concealed-Weapons Permits.

While Republican-leaning States have been loosening Gun Rregulations over the past Decade, California, Hawaii, and more urban States in the Northeast have maintained their traditional limits on Concealed Weapons.

New York City Mayor Eric Adams (D), a former Police Captain, said it would make Policing more difficult if more People were allowed to carry Guns. “This is not the wild, wild West,” he said earlier this month.

As a matter of Legal Interpretation, the Bruen opinion reflects the triumph of Originalism, the method championed by Conservatives that applies the Constitution according to the Court’s determination of the text’s “original public meaning” at the time it was adopted. Both majority Conservatives and Liberal Dissenters argued that History supported their Positions.

The Supreme Court made its first significant Opinion regarding the Second Amendment in Decades with its 2008 Decision in District of Columbia v. Heller. That Opinion, striking down Washington’s Municipal Handgun Ban, Recognized an Individual Right to armed Self-Defense within the home. Two years later, invalidating a similar Ordinance in Chicago, the Court extended that Right Nationwide. Both 5-4 Decisions, adopted over Liberal Dissent, Discarded earlier views that the Second Amendment referenced a Collective Right to Militia Service that States retained upon establishing the Union.

The move toward broader Gun Rights then paused, with the Court passing up opportunities to elaborate on the extent to which the Constitution protects Weapons possession.

Liberal Justices never accepted the New construction that elevated Individual decisions about Self-Defense over Public-Safety Regulations adopted by State and Local Lawmakers. Conservatives at the Court’s Center, including Chief Justice John Roberts and Justice Anthony Kennedy, remained silent as their Colleagues further to the Right, Justices Clarence Thomas and Samuel Alito among them, argued that the New Second Amendment right was left to atrophy.

Lower Courts, over the intervening Decade, upheld most State and Local weapons Laws against Second Amendment Challenges, often noting the Heller Decision’s allowance for reasonable Regulation of Firearms.

Democrats who control New York’s State Government enacted a Series of Laws this month to strengthen the State’s Gun Controls. The New Laws increase the Minimum Age to purchase a Semiautomatic Rifle to 21 from 18, and Ban the Sale of Bullet-Resistant Vests, except those required to have for their jobs.

New York City Gun Permit: To be Eligible to have a Firearms License you:

- Must be a New York State Resident.
- Must be 21 years old.
- Have No Prior Felony or serious Offense Convictions
- Be of Good Moral Character
- Have a Legally recognized reason for wanting to possess or carry a Firearm.
- Be ready to Open a Business for which the License is being applied.
- Take a Firearm Training Course if necessary.
- Provide Four References.
- Submit Two Passport Photographs.
- Provide your Fingerprints.
- Get a Phychological Interview with Police Department's License Division.










NYC Wins When Everyone Can Vote! Michael H. Drucker


No comments: