Kavanaugh stated that restrictions for obtaining a shall issue CC license, like fingerprinting, training, mental health evals, NICS checks, were legal, and would not be affected in the other 43 states, nor in NYS.........that could continue them for shall issue for CC permit.
NYSRPA v. Bruen, NY 2A Case Supreme Court case and decision
- Thread starter ManualF150
- Start date
4WHLDRFTN
6.5 Creedmoor
Is the safe act next ?
Safe act probably not.
California and Marylands AWB will be the first to fall.
There is also 2 or 3 magazine ban cases as well
ManualF150
.308 Win
Mr. Sullivan hinted at that: Question is of course, will us current NYS Permit Holders, have our restrictions lifted automatically, so we can carry........ or do we have to re-apply? I just renewed by PP for the next 5 years.
Oneida County's assistant pistol licensing officer says it removes the distinction between unrestricted and sporting licenses.
“If they sign off to give somebody a license, all licenses are unrestricted, full carry, carry-concealed licenses," says Oneida County’s Assistant Pistol Licensing Officer, Dan Sullivan.
Sullivan says all of the current sporting licenses in the county will automatically become unrestricted.
spat
.700 Nitro Express
The Supreme Court doesn't typically issue a decision on the original case.
They issue a decision about the lower court ruling. In this case that the 2nd circuit got it wrong, explained why, then sent the original case back to the 2nd circuit to fix it with explicit instructions how to do so.
So, those 2 guys don't have a ruling on their case yet. They just have orders from SCOTUS to the 2nd circuit to fix *their* ruling on the case.
spat
.700 Nitro Express
Someone should challenge the fees and delays next as an illegal poll tax analog.
"Sure, you can require a permit, but it has to be as easy to get as a voter registration".
Celt
.338 Win Mag
Sadly, every County in New York does it differently
Truebeliever
6.5 Creedmoor
Either was “ sensitive areas” but it’s in the decision. It’s the same with “ shall issue”. It was addressed.
Truebeliever
6.5 Creedmoor
Not quite. The court allows for a background check to see if you are a prohibited person. It does say it can’t be done in manner that is too prohibitive. Voter registration doesn’t have any real checks
ManualF150
.308 Win
However, Oneida was one of the more tougher areas. Got many friends that live there and it is chaos to try to get unrestricted.
A friend stopped by my place from Oneida who has a restricted PP, and we discussed this and what Mr. Sullivan said publicly. Their plan is to go there in a few weeks and ask them for a new card without restrictions to be printed. Worst case they say no or something changes between now and then.
I have mentioned on here, in Oneida, in order to get unrestricted they wanted you to go through a $200 training session ONLY done by TWO "certified" people. Yes, for the entire county. One of them gave me copies of the forms if anyone wants to review them just PM me. Curious to see how that changes -- if any.
spat
.700 Nitro Express
That's another problem that needs to get fixed.
Texas should adopt the NY pistol permit scheme for voter registration.
The courts can figure out where in the middle is good then apply it to everything.
If that is what was said, then it opens the door to adding background checks, fingerprinting, ID requirements, and any other of the various restrictions that have been placed on pistol permits, to voter registration requirements and voting requirements.
in fact, it opens the door to adding all of that to EVERY Right.
"I'm sorry, Mr Smith, but to plead the 5th you need to pass a background check, which you obviously can't do since we just arrested you."
"I'm sorry, Mrs. Doe, but you need to show your permit to attend this church gathering."
I'm pretty sure that is not a slippery slope they are going to enjoy.
RBean
.40 S&W
Word from the pistol license offices from Suffolk and Nassau County is that the restrictions on your license are void and you now have a full carry permit. After litigating with them for years I'm kind of surprised they have taken a reasonable approach. However, both counties had Republic take overs the last election.
You are not guilty of violating a law that has been held to be unconstitutional and not to be enforced. If you are arrested or your license cancelled because of a "restriction violation" the criminal charge should be dismissed and the administrative violation reversed. Then you turn around and sue them in Federal Court for intentional and malicious violations of you civil rights.
Of course the NYC Police Commissioner has chosen a contrary reaction, saying your permit is not full carry and the "old law" will be enforced. Looks like there will be a lot of business for lawyers on gun cases in NYC.
Since I won four out of five of may last gun cases, maybe I should un-retire and advertise for gun cases in NYC. Except I'm just too old and tired to jump back in. I'll let younger guys have at it.
You are not guilty of violating a law that has been held to be unconstitutional and not to be enforced. If you are arrested or your license cancelled because of a "restriction violation" the criminal charge should be dismissed and the administrative violation reversed. Then you turn around and sue them in Federal Court for intentional and malicious violations of you civil rights.
Of course the NYC Police Commissioner has chosen a contrary reaction, saying your permit is not full carry and the "old law" will be enforced. Looks like there will be a lot of business for lawyers on gun cases in NYC.
Since I won four out of five of may last gun cases, maybe I should un-retire and advertise for gun cases in NYC. Except I'm just too old and tired to jump back in. I'll let younger guys have at it.
gunpoliticsny
6.5 Creedmoor
I have heard the same elsewhere in the state.
libertysnake
.338 Win Mag
It's actually not a mute point. The fact of the matter is that the state, which is armed, will force us into compliance. Armed people will force us into compliance with illegitimate orders. That's the reality.
The question we have to ask on a daily basis, whether we know it or not, is at what point is compliance more of a burden then resistance? At what point is the threat of bodily harm via the armed state not enough? At what point do we say "no" if at all?
I don't think we're at that point, yet. Life is still, by and large, good -- despite the clown show which this state has become. Still, it is trade off we make daily, and subconsciously, through our compliance.
On Thursday morning the Supreme Court ruled 6-3 to strike down restrictive “may issue” concealed carry laws in New York State Rifle & Pistol Association v. Bruen.
Justice Clarence Thomas wrote the majority opinion and explained how the Second Amendment is not a second-class right.
Justice Alito writes and pointing out that CRIMINALS’ CRIMES HAVE NO RELEVANCY TO THE RIGHT OF LAW-ABIDING AMERICANS TO OW
Justice Clarence Thomas wrote the majority opinion and explained how the Second Amendment is not a second-class right.
Justice Alito writes and pointing out that CRIMINALS’ CRIMES HAVE NO RELEVANCY TO THE RIGHT OF LAW-ABIDING AMERICANS TO OW
MOOT ... not mute
As an attorney what is your take on the fact that a permit is still required to even purchase a hand gun for home use? My take on the decision is that while a shall issue permit for concealed carry is still allowed that a permit to purchase and possess is unconstitutional.
kev74
20×102mm Vulcan
The ruling doesn't say a single thing about the licensing scheme for purchasing a handgun. The case never even talked about that aspect
Not.... Not note.
I fixed it lmao. Auto correct
Uninformed and Compliant
.450/400 Nitro Ex
Better not be lawsuits.
Criminal prosecutions, open and shut.
PEN § 135.60 Coercion in the third degree
A person is guilty of coercion in the third degree when he or she compels or induces a person to engage in conduct which the latter has a legal right to abstain from engaging in, or to abstain from engaging in conduct in which he or she has a legal right to engage, or compels or induces a person to join a group, organization or criminal enterprise which such latter person has a right to abstain from joining, by means of instilling in him or her a fear that, if the demand is not complied with, the actor or another will:1. Cause physical injury to a person; or
2. Cause damage to property; or
3. Engage in other conduct constituting a crime; or
4. Accuse some person of a crime or cause criminal charges to be instituted against him or her; or
5. Expose a secret or publicize an asserted fact, whether true or false, tending to subject some person to hatred, contempt or ridicule; or
6. Cause a strike, boycott or other collective labor group action injurious to some person's business; except that such a threat shall not be deemed coercive when the act or omission compelled is for the benefit of the group in whose interest the actor purports to act; or
7. Testify or provide information or withhold testimony or information with respect to another's legal claim or defense; or
8. Use or abuse his or her position as a public servant by performing some act within or related to his or her official duties, or by failing or refusing to perform an official duty, in such manner as to affect some person adversely; or
9. Perform any other act which would not in itself materially benefit the actor but which is calculated to harm another person materially with respect to his or her health, safety, business, calling, career, financial condition, reputation or personal relationships.
Coercion in the third degree is a class A misdemeanor.
If the commish makes his cops enforce it via coercion (via number 9, above), that's a 135.65 felony. I'd also argue that this has already taken place with the existing Safe Act and other invalid laws, with regard to State Police enforcement, and Sheriffs / permit offices.
A person is guilty of coercion in the first degree when he or she commits the crime of coercion in the third degree, and when:
1. He or she commits such crime by instilling in the victim a fear that he or she will cause physical injury to a person or cause damage to property; or
2. He or she thereby compels or induces the victim to:
(a) Commit or attempt to commit a felony; or
(b) Cause or attempt to cause physical injury to a person; or
(c) Violate his or her duty as a public servant.
Coercion in the first degree is a class D felony.
It'd be great if the UNlawful confiscation of a lawfully possessed firearm constitutes damage to property. For any firearm seized in the past for "violating restricted carry", it is quite reasonable to believe the seized property would be destroyed. And since invalid laws are invalid on the day they are written, not on the day some high priest decides to decree them as such, every one of those restricted permits is a felony committed against the permit holder, and everyone involved in issuing that permit is arguably a victim of felony coercion, themselves.
I don't know what to do with that fact, but it needs to be resolved. Serious crimes, felonies, have been committed.
RDN
.357 mag
I can't see why not.
NY SAFE act is totally arbitrary.
AWB - how can you ban a firearm base on how it looks?
Magazine cap. limits - why is 10rds safer than 15 or 12rds?
Ban on Internet Ammo purchases - You can buy knives, swords, chemicals, beer and wine online in NY - no Ammo?
Mutt...
spat
.700 Nitro Express
It will be 2025 at the earliest before we have a Federal DOJ that would pursue such a charge.
Nobody at the state level will that's for sure.
Uninformed and Compliant
.450/400 Nitro Ex
It only takes one Sheriff, or one county DA.
Start telling them to.
Start telling people to tell them to.
I'm not hearing much about the NYSRPA v. Bruen ruling in the MSM today. Something else seems to have them preoccupied.
For a bunch that hates guns as much they do, they sure are easy to trigger.
It's going to be a
and Broadcastify night....
Monu-fucking-mental last couple of days. Not definitive wins, but score a couple for the Constitution.
For a bunch that hates guns as much they do, they sure are easy to trigger.
It's going to be a
and Broadcastify night....Monu-fucking-mental last couple of days. Not definitive wins, but score a couple for the Constitution.
Deplorable Me
.577 Tyrannosaur.
So Hochul has declared that NY will be a safe haven state to honor abortion rights so women can get services here. Can Texas declare themselves a safe haven state for NYs being denied 2A rights here?
I'm in desperate need for a gov't-sponsored trip to a proper Texas shooting range....otherwise I'll be forced to do my shooting in a back alley with targets hung from clothes hangers.
Dr. Evil
20×102mm Vulcan
If I didn't do it before let me say thank you for the fighting you have done.