Saltwater60
.950 JDJ
Good. Their plan is working/sarcasm on the good portion. Of course this is what they wanted.
FPC and SAF sue NYS to stop the CCIA
- Thread starter Jchrisls
- Start date
camper4lyfe
.308 Win
Yup. I was going to apply after Bruen came down, but then everything went to hell. I was still going to apply but then training prices came out, and I just can't do it. To say I'm pissed is an understatement.
Saltwater60
.950 JDJ
Absolutely understand. It will cost close to $1000 and that’s prior to buying a gun. Democrats care about people and low income minorities though.
As stated by M1, this individual suit indicates this plaintiff rides a motorcycle regular between Buffalo and the ADK. Ccing during traveling would necessitate several stops along the way for gas, restrooms ECT. With those stops he/she has no way to avoid it, in addition to a complete inability to secure his/ her firearm(s) due to thier mode of transportation. There is obviously more, but this is just a synopsis.
US RIFLE M1A
.45 acp
I tried to take a small trip last weekend in which I was compliant with the new law, it did not last long. At one point I found a parking spot out past the parking lot and put the handgun in the safe in the back of the SUV (already there pre-CCIA) and was worried someone would see me do so. Normally, I would just carry for the minute or two I was in the store.
After a short time, I just said F*** it and crossed back into PA.
Boron definitely has standing if he intends to live a normal life and does not have the option of going to another state.
Saltwater60
.950 JDJ
I get that and I won’t argue with you for the most part but riding a motorcycle isn’t a right and there certainly are ways to secure a pistol in or on a motorcycle. Would it cost money yes, do the democrats care, no. I hope I’m wrong and you’re right I’m just not sure it will go our way again.
I was doing a side job yesterday and I worked for one last that I know and she doesn’t care if I carry, but her neighbor asked me to do a few things for and she’s a democrat both by mouth and by displayed signs. I disarmed and put it in my truck lock box out of fear she would see it and flag down the cop across the street. I want this overturned as much or more than the next guy, but I’m not sure this is enough. Maybe I’m just cynical.
I could see hochul now. I don’t care get a trailer and fill it with fuel or get saddle bags and put a safe in there wrapped around the frame to secure it. This is the way these elites think, just saying.
US RIFLE M1A
.45 acp
It is if you decide it is your preferred mode of travel, and you have a license to operate such motorcycle and you own a motorcycle that is road legal. And you have a desire to travel somewhere. Taking away that right to travel would be a 5th Amendment violation of due process. And a 14th Amendment violation of equal protection.
What Boron is being told by the state is that if he uses a motorcycle, he must take the risk of being reported for brandishing a firearm for securing that firearm according to the law. Motorcycles offer no privacy. That he must break one law to satisfy another due to not using a car, specifically an SUV, (sedans may present a similar problem if you use the trunk.)
He cannot be told to get a car for several reasons. 1st Amendment freedom of expression and association is one reason. Another is simply that the 2A does not have an exemption for people who do not own cars.
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ManualF150
.308 Win
Motorcycles already get discriminated against. My heavy all metal Harley doesn't trip traffic lights.
Another example is my other truck is a regular cab with a flatbed. No storage behind the seat for anything. I guess I'm going to strap down my pistol box to the back of the truck?
Another example is my other truck is a regular cab with a flatbed. No storage behind the seat for anything. I guess I'm going to strap down my pistol box to the back of the truck?
spat
.700 Nitro Express
You sound like an excellent plaintiff that should be supported in a lawsuit.
All those costs amount to an illegal poll tax equivalent.
If NY can charge $1000 to exercise one constitutionally guaranteed right, then some red state can do the same for voter registration.
JRtraderny
6.5 Creedmoor
I'm having a hard time digesting the fact that a Constitutionally protected right needs training and a license .
Acer-m14
20×102mm Vulcan
i think and pretty sure we have a right to travel .. the mode of travel is not listed in that Right .. just like what guns we can't have in the 2A
"The right precedes the creation of the United States and appears in the Articles of Confederation. The U.S. Constitution and Supreme Court recognize and protect the right to interstate travel. The travel right entails privacy and free domestic movement without governmental abridgement."
repository.law.uic.edu
Interstate Travel
"The right precedes the creation of the United States and appears in the Articles of Confederation. The U.S. Constitution and Supreme Court recognize and protect the right to interstate travel. The travel right entails privacy and free domestic movement without governmental abridgement."
The Right To Travel And Privacy: Intersecting Fundamental Freedoms, 30 J. Marshall J. Info. Tech. & Privacy L. 639 (2014)
As a fundamental right inherent in American citizenship and the nature of the federal union, the right to travel in the United States is basic to American liberty. The right precedes the creation of the United States and appears in the Articles of Confederation. The U.S. Constitution and Supreme...
Interstate Travel
US RIFLE M1A
.45 acp
Three separate discussions here at once:
1. Interstate travel: as noted in above posts, precedes the Articles of Confederation and Constitution. Also noted in 14th A 'privileges and immunities' and simply in the 5th A (due process). Why can I be restricted in travel (and incur a loss of liberty) when the other guy just blew by at 65 mph? See below.
2. Intra-state (within a state) travel: a right based on interstate travel, you have absolute freedom to move from wherever you are in your state to the border of another state. It's almost impossible to use the freedom of interstate travel without first getting to the border and thus using intra-state travel first. If you only move from your house to another location within a state and back, never leaving the state, you owe no explanation to anyone why you did not end up at or cross the border.
3. Mode of travel: If otherwise lawfully possessed, it is lawful to transport (an inaccessible) firearm in most any mode of transportation except a common carrier long distance bus. There are laws and regulations for long distance travel that supersede local restrictive jurisdictions. There are provisions for checked baggage on both aircraft and trains, and the FOPA secures this right for privately owned motor vehicle transportation. The only other mode of transport that may not allow firearms to be transported in restrictive jurisdictions is on foot such as in thru-hiking an interstate trail.
So... a motorcycle is a privately owned motor vehicle, and it's rider has all privileges and immunities of a licensed driver... combine that with the burden of moving a firearm to and from a locked box on a bike, that and his occasional use of public transportation.... Boron is an excellent plaintiff.
1. Interstate travel: as noted in above posts, precedes the Articles of Confederation and Constitution. Also noted in 14th A 'privileges and immunities' and simply in the 5th A (due process). Why can I be restricted in travel (and incur a loss of liberty) when the other guy just blew by at 65 mph? See below.
2. Intra-state (within a state) travel: a right based on interstate travel, you have absolute freedom to move from wherever you are in your state to the border of another state. It's almost impossible to use the freedom of interstate travel without first getting to the border and thus using intra-state travel first. If you only move from your house to another location within a state and back, never leaving the state, you owe no explanation to anyone why you did not end up at or cross the border.
3. Mode of travel: If otherwise lawfully possessed, it is lawful to transport (an inaccessible) firearm in most any mode of transportation except a common carrier long distance bus. There are laws and regulations for long distance travel that supersede local restrictive jurisdictions. There are provisions for checked baggage on both aircraft and trains, and the FOPA secures this right for privately owned motor vehicle transportation. The only other mode of transport that may not allow firearms to be transported in restrictive jurisdictions is on foot such as in thru-hiking an interstate trail.
So... a motorcycle is a privately owned motor vehicle, and it's rider has all privileges and immunities of a licensed driver... combine that with the burden of moving a firearm to and from a locked box on a bike, that and his occasional use of public transportation.... Boron is an excellent plaintiff.
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Saltwater60
.950 JDJ
Brandishing isn’t define as some one simply seeing you secure your weapon though. I’m just playing devils advocate here and I sure hope he’s successful. I can just see these arguments being made against his claim and I think they do hold some legitimacy. Just because we all want it to be successful doesn’t mean it will be. I will say two things, you likely understand the law better than me, at least you seem to and I sure hope every bit of the CCIA gets tossed. Please don’t take my comments as me wanting this law. In fact I have joined FPC and I have been giving them small monthly donations to help.
Saltwater60
.950 JDJ
To be fair if the liberals get their way any Republican will be trained and re-educated to vote liberal, you just have to wait a bit longer for it.
US RIFLE M1A
.45 acp
Fully understand that. However NY law does not provide for the public handling of a loaded and exposed firearm in a location other than at a range or at home.
Taking a gun from a belt holster to a lock box in a public location (this is a motorcyle, not the back of an SUV) in plain view is a huge problem in itself.
Handling a firearm in public is not brandishing, but it is more likely to be interpreted as a threat even than simple open carry.
Saltwater60
.950 JDJ
I’ll agree with you here. I just don’t think the case is as airtight as you do. I hope I’m wrong and the judge agrees with you.
Gunright
.45 acp
I hope you charged a higher rate (hazard pay).
Saltwater60
.950 JDJ
I normally do charge democrats more. She’s like 80 and works harder than most 20 years olds and is very sweet so I didn’t in this case.
That_FNG
.308 Win
I’ve always heard the nys is an English common law State meaning how would an average person interpret/view/act in the situation. I can imagine that since nys has done such a good job villifying guns in the minds of the common folk that if a common person were to see someone pull over on the side of the road, get out and walk to the back of their vehicle, un holster their pistol and place it in a container in the back, they would call the cops because they just saw a man with a gun and felt threatened.
Saltwater60
.950 JDJ
I have stated that on here many times in the past and I agree with you. Just because someone calls the police doesn’t mean you broke the law and judges can and will differentiate between that.
I want it gone and asap, but I guess I’ve been bitten more than once and I’m being cautious here. Let’s see what happens.
That_FNG
.308 Win
