kev74
20×102mm Vulcan
#me too!
Now that we won NYSRPA V Bruen, what comes next ?
- Thread starter Edwardteach72
- Start date
I've got to believe that FPC is working on setting it up...
Unlike the nRa. FPC is calculated and has been making moves for months/years now, so I am ok not seeing anything coming out of NY just yet.. I whole hearted believe it's going to work out
Truebeliever
6.5 Creedmoor
Thats not what the ruling said. The ruling is saying that the person can’t be denied for not having a good reason as determined by the government. The court has not ruled if a person can still be denied for cause but the burden is on the state. If someone committed numerous robberies as a juvenile and was released at 21 years old— the state might attempt to deny them a carry permit . He is not a prohibited person because his juvenile record doesn’t make him a prohibited person at 21. That’s just an example. A person who is on heavy psych meds but never committed to an institution might be denied a permit and is not a prohibited person.
But the burden would be on the state to prove this by the preponderance of the evidence rather than someone having to prove they are a good character. It would have to go to the courts but it might meet the Thomas test of tradition and historical precedent.
Acer-m14
.950 JDJ
prohibited person should be locked up and not out in public
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Acer-m14
.950 JDJ
who was that kid that used a rock ohhh Eric M. Smith
He's living free now, back in the samw town as the parents/family of the boy he violated and murdered
Acer-m14
.950 JDJ
yeah i know .. GRRR
It's garbage, because the parole intevew before the last one (so 2 ago) he told them if he could go back in time he'd do it again.. they denied him... this time yea sure he's good
spat
.700 Nitro Express
All mags for my PS90 are 50 rounders.
Some have special followers to limit capacity to 30 or 10, but they are intrinsically 50 round magazines. Anything shorter wouldn't fit in the gun properly.
No idea why they make the 30 rounders. Where is a 30 round mag allowed that a 50 isn't ?
Acer-m14
.950 JDJ
im hitting the LGS here soon .. will need 30 rnd mags for my 223 #458 Socom AR .. lol or is that 20 rnds lol ..
lol
lol
spat
.700 Nitro Express
Saw a statistic that 50% of murders go unsolved these days.
No idea what the statistic for missing persons cases where the missing person is a POSs are.
Just saying.
spat
.700 Nitro Express
I think it's more like the state must have reasonable objective criteria.
They might be able to get away with the heavy psych meds thing, maybe not, but they would have to have a clear definition of what constitutes "heavy psych meds", and it better not be something that 10% of the population is on.
Acer-m14
.950 JDJ
or just missing persons ..
i watch these divers .. solved a bunch cold cases ..
https://www.youtube.com/c/AdventureswithPurpose/videos
and they got better gear then then local PD Dive Teams is some places .. and the leo sometimes are jerks and refuse there help
Truebeliever
6.5 Creedmoor
Agreed that it should be but they used to deny people for diabetes. The person would have to prove the diabetes was stable before they would be issued a permit . I’m wondering how a court would react to that now. The court allowed them to do that despite the Americans with disabilities act. I wonder what they would do with the new SCOTUS ruling
spat
.700 Nitro Express
Well, the NY courts would give them a pass if they just said "no guns for white people or Republicans" and forced you to prove Democrat party membership.
This is why the immunity thing the government has granted it's agents needs to go.
Something in the gray area is one thing, but when you're obviously not acting in good faith it should be criminal.
I'm just talking about on which basis can NY now refuse to issue out of state permits if the applicant is legally eligible? This is gonna require another court battle I think.
Better add micro stamping to that list.
Acer-m14
.950 JDJ
Bob Lonsberry
Log into Facebook(THIS IS AN ANALYSIS OF THE NEW NYS GUN LAW BY THE LEGAL STAFF OF THE STATE SHERIFFS ASSOCIATION)
Sheriffs and Undersheriffs,
The legislature has been called back to Albany for an extraordinary session in order to pass legislation that will reform the pistol permitting process in New York, in the wake of the Bruen decision.
Here are the changes contemplated by the bill:
The "good moral character" eligibility requirement for all pistol permits (concealed or otherwise) will be defined in greater detail in the law.
Going forward it shall mean " shall mean having the essential character, temperament and judgement necessary to be entrusted with a weapon and to use it only in a manner that does not endanger oneself or others."
New requirements will need to be met specifically for concealed-carry permit applicants. An applicant for such a permit:
Cannot have been convicted of Assault 3rd, misdemeanor DWI, or menacing within 5 years prior to application
The applicant must meet in person with the licensing officer (i.e., the county court judge) for an interview
The applicant must submit to the licensing officer the names and contact information of the applicant's spouse, domestic partner and any other adults residing in the applicant's home, as well as indicate whether or not there are children living at the applicant's home, even part-time.
The names and contact information of 4 references who can speak to the applicant's good moral character, and who can also attest that the applicant has not made any statements or taken any action that would lead them to believe that the applicant would harm themselves or others.
Certification of completion of the new training requirement (more on this below)
A list of former and current social media accounts from the past 3 years, though the legislation does not require that the applicant provide access to these accounts.
Prior to the issuance of a concealed carry permit, an applicant must complete an "in-person live firearms safety course." Such course must be:
Conducted by a duly authorized instructor. This is currently defined in PL section 265.00 as a duly commissioned officer of the US Navy, Army, Marine Corp, or Coast Guard, or a qualified adult citizen who has been issued a certificate in small arms practice by any one of those branches or by DCJS.
At least 16 hours long
Covering those topics required by DCJS, which include things like general firearm safety, safe storage requirements, conflict de-escalations, best practices when encountering law enforcement, a minmum of 2 hours of live-fire range training, etc. PL section 265.20 would be amended to grant an exemption from prosecution for possessing a pistol without a license for the purposes of such training.
Current concealed carry pistol permit holders would need to complete this training course prior to their next recertification. It must only be completed once, not upon every subsequent renewal.
Concealed carry pistol permits will have to be recertified every 3 years, as opposed to the standard 5 years. Licenses that were issued over 3 years prior to the effective date of this legislation would have to be recertified within 1 year.
Licensing officers will be granted the discretion to revoke or suspend any license if the possessor engaged in acts that would have been grounds for denial of the granting of the license in the first place. Additionally, a licensing officer must revoke a license if it becomes know that the applicant made a materially false statement on his or her application. Denials, suspensions, and revocations of licenses can be appealed. These appeals would go to an "appeals board" that will be created by DCJS. DCJS in cooperation with the State Police, will be responsible for promulgating rules and regulations with regard to the operation of the board
The legislation also creates the crime of possession of a firearm, rifle or shotgun in a "sensitive location". This would be a class E felony. Police officers, peace officers, active-duty military personnel, and persons engaged in lawful hunting activity would be exempted. Sensitive places are defined as:
Federal, State and local government property
Any place that provides healthcare, mental health care, or addiction treatment services
Any place of worship or religious observations
Public parks, public playgrounds, zoos and libraries
Any place, or the location of any program, licensed, regulated, or operated by DOH, OASAS, OCFS, OMH or OPWDD.
Nurseries, preschools and summer camps
Homeless shelters, youth homes, family shelters, DV shelters, etc.
Schools of all education levels
Public transportation
Any establishment that serves alcohol
Entertainment venues such as stadiums, concert halls, racetracks, museums amusement parks, conference centers, etc.
Polling places
Any public sidewalk or property that restricted from general public access for a special event that has been issued a permit for the same
Any gathering of individuals to collectively express their constitutional rights to protest or assemble
Times Square
This legislation seems to reconstitute the ammunition sales database. "There shall be a statewide license and record database specific for ammunition sales which shall be created and maintained by the division of state police the cost of which shall not be borne by any municipality no later than thirty days upon designating the division of state police as the point of contact to perform both firearm and ammunition back- ground checks under federal and state law. "
The legislation would require that firearms dealers record all ammunition sales in the database. The records maintained in this database would not be subject to FOIL.
Firearm owners would have new safe storage requirements when leaving weapons in their vehicles. Guns left in a vehicle would first have to have the ammunition removed, and then the gun would have to be locked in a "safe storage depository" somewhere out of sight from outside the vehicle.
Furthermore, the home safe storage requirements would attach when an individual cohabitates with an individual under the age of 18, up from 16. Finally
DCJS will be tasked with conducting NICS checks for every firearm and ammunition purchase made in New York State:
“Upon receiving a request from a licensed dealer pursuant to section eight hundred ninety-six or eight hundred ninety-eight of the general business law, the division shall initiate a background check by (i) contacting the National Instant Criminal Background Check System (NICS) or its successor to initiate a national instant criminal background check, and (ii) consulting the statewide firearms license and records database established pursuant to subdivision three of this section, in order to determine if the purchaser is a person described in sections 400.00 and 400.03 of the penal law, or is prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm or ammunition.”
The effective date of all these provisions is somewhat convoluted. It will take a little bit of analysis to figure out what goes into effect when, but the general summary provided by the bill states:
This bill shall take effect September 1, 2022, provided to allow DCJS
additional time for implementation, some sections will go into effect
April 1, 2023.
We will have further follow-up for you once we have had more time to analyze the bill. It is expected that it will pass the legislature this evening, and will be signed shortly after.
Please do not hesitate to contact us if you have any questions or concerns. The full text of the legislation is below.
Alex Wilson
Associate Counsel
New York State Sheriffs' Association
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Acer-m14
.950 JDJ
^^^^^ OATH BREAKERS INCORPORATED
Acer-m14
.950 JDJ
your not gunna believe this .. the Governor needs no data or stats ..
ronstar
.357 mag
So we should lock up anyone who has a dishonorable military discharge? Anyone who committed ANY felony?
4WHLDRFTN
6.5 Creedmoor
If you can't be trusted with a gun you should not be in free society.
ronstar
.357 mag
Sounds like you want a massive expansion of our state prison system. Yay more taxes!!!!!
Acer-m14
.950 JDJ
you missed the point ..
spot on ..
the jails are empty .. catch in release .. we need the insane asylum's back ..
and i think there are open cells at GITMO just waiting ..
hell lets open up Rikers Island again ..
Acer-m14
.950 JDJ
@ronstar
"Two alleged drug traffickers have been released from a California jail just days after they were busted with 150,000 fentanyl pills, the disgruntled local sheriff said."
nypost.com
see ... jails have room
"Two alleged drug traffickers have been released from a California jail just days after they were busted with 150,000 fentanyl pills, the disgruntled local sheriff said."
California duo released from jail days after huge fentanyl pill bust
Jose Zendejas, 25, and Benito Madrigal, 19, were arrested during a traffic stop in Tulare County last Friday when authorities allegedly discovered the 150,000 pills — worth an estimated $750,…
nypost.com
see ... jails have room
Celt
.338 Win Mag
SCOTUS Vacates ‘Assault Weapons’ Ban, ‘High Capacity’ Mag Ban SCOTUS Vacates 'Assault Weapons' Ban, 'High Capacity' Mag Ban
spat
.700 Nitro Express
No, those people shouldn't be prohibited.
Only people who are truly too dangerous to allow to walk free with a weapon should be prohibited.
And all people who are too dangerous to allow to walk free with a weapon are too dangerous to walk free without one. Because anyone who wants a weapon can get one at any time, and there is no law you can pass to change that.