Matter of O'Connor, 154 Misc. 2d 694 | Casetext Search + Citator
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Wow! "Addressing the merits, the district court concluded that the concealed carrying of handguns in public is “outside the core [of the] Second Amendment"
1. This wasn’t a Supreme Court like you say.Matter of O'Connor, 154 Misc. 2d 694 | Casetext Search + Citator
Read Matter of O'Connor, 154 Misc. 2d 694, see flags on bad law, and search Casetext’s comprehensive legal databasecasetext.com
There are others that include the high court. Believe it was the court of appeals. Whatever the highest one is is where the ruling came from. It echos this case and they came to the same conclusion. They are all posted in another thread here.1. This wasn’t a Supreme Court like you say.
2. This case was about removing just cause restrictions and whether a judge has the power to add restrictions based on the just cause used to obtain license. It does not say that violation restrictions placed on it invalidates license F from Penal Law 400.
You are still issued license F and if a judge deems that you no longer have just cause, he can take it away.
3. And this here is crucial. Note that it says opinion rather than the Penal law is herby amended to officially add restrictions to category F rather than administrative restrictions.
It is the opinion of the court that the power to determine the existence of "proper cause" for the issuance of a pistol license necessarily and inherently includes the power to restrict the use to the purposes which justified its issuance.
The case you posted actually makes a pretty good argument that open carry is legal. It describes in detail how and why the concealed carry license was formed. It was to prevent people from hiding a weapon unless licensed. That is what the criminals preferred to do. Interesting read.
"Any violation of any section by anyone is a misdemeanor" is what concerns me. It doesn't get any easier for a prosecutor than that.Bottom line, the courts granted themselves the power to add restrictions to the Category F license on Penal Law 400 but did not change Category F itself in the Penal Law.
What you do not want to get is that you have license F. You are not violating it. You can get it revoked for violating the judges administrative restrictions placed on it by the just cause you used but that’s it. I do not know how many times that point has to be made it you. It’s like it is said to you, you ignore it, than a day later you go back to it like if the point was never made at all."Any violation of any section by anyone is a misdemeanor" is what concerns me. It doesn't get any easier for a prosecutor than that.
One of the sections is types of licenses. The courts can further restrict you within those types. Sounds like a violation to me.
You making a "point" does not make it valid or anything else invalid. Your "points" are personal opinions. License F is only valid when you have proper cause. "To have and carry concealed when proper cause exists". PL 400.What you do not want to get is that you have license F. You are not violating it. You can get it revoked for violating the judges administrative restrictions placed on it by the just cause you used but that’s it. I do not know how many times that point has to be made it you. It’s like it is said to you, you ignore it, than a day later you go back to it like if the point was never made at all.
You do this in every thread.
Serious, any additional info on the OP story?
It isn’t because you fear jail. It’s so that the license doesn’t possibly get it revoked if something happens because if a revocation happens, your handguns are gone. I do not think anyone here except for yourself thinks that they’ll go to jail for carrying outside of restrictions.It's funny that all of these people have gone to great lengths and expense to try to get unrestricted permits. I wonder why? If the permits were all the same why bother? If your permit can be taken away at any time for any reason what's the difference? Also, if the restrictions are not lawful why are the courts accepting these cases? Wouldn't they just deny hearing them? How can they hear a case about something that does not exist?
Hmmmm.....
Anywhere in any of these cases do you have someone who was convinced of the misdemeanor of violating pl400 by carrying outside their restrictions ?Another one...
Appellate Division of the Supreme Court of New York, Fourth Department
We conclude that the authority of the licensing officer to determine whether "proper cause" exists necessarily and inherently includes the authority to impose and retain certain restrictions on the license so that the pistol is used for the purposes that justified its issuance in the first place (accord, Matter of O'Connor, supra; see also, Matter of Caruso v. Ward, 160 A.D.2d 540, lv denied 76 N.Y.2d 706; Matter of Davis v. Clyne, supra; cf., Matter of Mulligan v Williams, 169 A.D.2d 280, 283).
Petitioner proffered no reasons that would constitute "proper cause" to justify the removal of the restrictions contained on her pistol license. Therefore, we conclude that respondent's determination was not arbitrary and capricious and did not constitute an abuse of discretion. We have reviewed petitioner's remaining arguments and find each one to be lacking in merit.
Matter of Eddy v. Kirk, 195 A.D.2d 1009, 1011 (N.Y. App. Div. 1993)