Saltwater60
.950 JDJ
Great the only good thing will be gone by this afternoon. I hate this fucking state.
Temporary Restaining Order Issued For Concealed Carry Improvement Act (merged thread)
- Thread starter Glock_USA
- Start date
subsonic
.44 mag
In person it's free and usually a free lunch from the host too.
Again he said he would declare an emergency, remove district attorneys, revoke cashless bail and put people in jail on his fiat. If he cared (he doesn't) he could use his "emergency" to suspend these actually unconstitutional requirements. After all it's not even unconstitutional to let criminal run free pre-trial. Though it might be against our state constitution for him to suspend duly enacted laws, that's something he is very selective about.
subsonic
.44 mag
The Gun-Free School Zones Act of 1990 makes it a federal felony to possess a firearm that is not unloaded and cased or locked on a gun rack within 1,000 feet of a school (e.g. K-12), including public streets and sidewalks. It's not as widely enforced by local police as the state prohibition on campuses but it's been upheld many times and there are people who have gone to prison and are prohibited persons as a result. There was a case upheld on appeal in Puerto Rico upheld for possession within a housing project within 1,000 feet of a school.
This law ought to go away post-Bruen and NYSRPA but it hasn't been challenged yet as far as I know, and it might not be entirely overturned altogether even under the new analysis.
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Pistol permit exempts you from that.
(B) Subparagraph (A) shall not apply to the possession of a firearm--
`(i) on private property not part of school grounds;
`(ii) if the individual possessing the firearm is licensed to do so by
the State in which the school zone is located or a political subdivision
of the State, and the law of the State or political subdivision requires
that, before an individual obtain such a license, the law enforcement
authorities of the State or political subdivision verify that the individual
is qualified under law to receive the license;
OwnTheRide
.44 mag
Because there are severe penalties in place if we do not. That's precisely my point: there are no penalties in place for the state or its actors for blatantly disregarding SCOTUS rulings. There is nothing to compel the state to act in accordance with the law.
People keep saying that SCOTUS will come down on NY like a ton of bricks. No, they won't. At best, SCOTUS will have more stern words for NY, that NY will completely ignore (just like they have been doing).
subsonic
.44 mag
That's fine if you've got a carry permit for a pistol but doesn't help you if you are carrying a rifle down the sidewalk or have an uncased shotgun in your back seat. Basically it's the same driving through Cornell situation except it applies to streets and sidewalks within 1,000 feet of K-12 schools. There are a lot more gun owners in New York than pistol permit holders, and it doesn't look like the permit exception applies for long guns.
You could be a block or two over from school carrying your rifle from your house to your car and violate this law. I'm not saying it's likely that the state troopers are going to swoop in and cuff you for this but I'm pointing this out because people forget about this federal law which does exist and has been enforced. When you make a blanket statement like this and if someone goes out and tries to push boundaries out of ignorance they can get charged and in a world of pain.
Literally the very first line says it doesn't apply on private property not part of school grounds, so I think not.
subsonic
.44 mag
Literally I'm talking about a car parked on the street (public property), and even if it's in your garage you're breaking the law as soon as you get onto the street if it's not in a locked case.
Now the new gun package NY passed also requires locking and casing unattended guns but not if they are in your immediate possession. Nothing in the new state gun package stops me from lawfully driving nonstop to Albany with a gimped-up compliant AR tossed uncased in the back seat, getting out, loading the mag and rifle, strutting down Broadway with it slung over my shoulder, having breakfast at the Redneck Nomask Gunswelcome Cafe (supposing they had a franchise in Albany), before popping over to Ushers Road State Forest to shoot some varmints, no locking, casing, permits, or detours required. But the federal Gun-Free School Zones Act of 1990 has no such exception.
Stop parsing words. There's a federal law for loaded or uncased guns within 1K feet of schools that people have gone to prison for. Just because it has a couple of exceptions (private property, permitted carry, accessing hunting lands), does not change the main point.
maverick52
.223 Rem
I know the state has appealed the PI. Anyone here have any idea how long it will be before the second circuit renders a decision? If they grant a stay does plaintiff counter appeal? @RBean can you give us any insight as to what we can expect? Do you think the Second Circuit will grant a stay?
Vicarious
9mm
Which is a pretty friging stupid law. i live well inside 1000 feet of a school.
Saltwater60
.950 JDJ
If history repeats itself we have until the end of the week to not be felons and then we will be back to felons. Hochul winning will empower this and Biden will have the opportunity to appoint more activists judges becuase the republicans have no balls and will not stop confirming even if the take back the senate.
I have no doubt that the 2nd circuit will screw us and before the weekend. From what I know and it’s not much of the PI is overturned we wait for the court case to work it’s way through and then it goes back to the 2nd for us to get screwed again.
Acer-m14
20×102mm Vulcan
we got semi auto rifle permits now ..
so you could carry a long gun too .. da Witch gave us a loophole out .. OMG ..
subsonic
.44 mag
It’s not impossible that SCOTUS would summarily reverse a stay, and even summarily stay the 2nd circuit on appeal if the district court is reversed. This would not have happened with the Supreme Court before NYSRPA in 2020, and it’s still possible we could see another long pause from SCOTUS like there was after Heller/McDonald, but the current court is not the Heller court. This court is more conservative and more serious about the second amendment. We may see it start benchslapping the circuits into compliance, at least on issues that were already decided in Heller, McDonald, and NYSRPA I and II. Don’t forget that with Bruen, SCOTUS summarily sent reversed and sent four cases back to circuits for reconsideration in light of Bruen. That itself was a major benchslap that is going to have national consequences in terms of assault weapons bans, magazine limits, and our “SAFE” Act.
It hasn’t even been five months since Bruen was decided 6-3. It’s hard to accept a win in New York after all we’ve been through since from our perspective upstate it looks like we are currently worse off than the status quo ante bellum but give it a little time.
maverick52
.223 Rem
Thanks for the response. I am learning about the process as this case goes forward. I hope the Second Cicruit is reasonable and doesn’t issue a stay on political motives. I suppose even if it takes time we will win.
Saltwater60
.950 JDJ
Possibly, but not likely. Ems the supreme court is slightly emboldened so maybe.
Saltwater60
.950 JDJ
The second being reasonable is not likely. I’d say it’s the worst and most liberal court in the USA with many Biden and Obama judges.
Judges & Judicial Council
www.ca2.uscourts.gov
Good call. You're absolutely right.we got semi auto rifle permits now ..
da Witch gave us a loophole out .. OMG ..
maverick52
.223 Rem
Competing with the 9th.
Saltwater60
.950 JDJ
Judge Benitez has come through more than a few times and the second circuit has yet to come through. Granted most of his ruling when it went to a three judge panel have not held up but we never made it there with NYS second.
I do not carry so none of it effects me, but I still fight against any gun control for personal carry.
Judge temporarily halts portion of NY concealed carry laws pertaining to houses of worship
The order applies to churches, synagogues, mosques, etc. which were deemed to be “sensitive locations” under state law, where carrying a gun would have been illegal.www.wgrz.com
I do not attend church, so this does not affect me either way
Only the infamous 9th is worse.
But this is like arguing which state is worse NY or Cali.
There are no winners only losers
Careful who you listen too, No where in the law does it say anything about carrying a semi-auto rifle!
7. License: form. Any license issued pursuant to this section shall,
except in the city of New York, be approved as to form by the
superintendent of state police. A license to carry or possess a pistol
or revolver or to purchase or take possession of a semiautomatic rifle
shall have attached the licensee's photograph, and a coupon which shall
be removed and retained by any person disposing of a firearm to the
licensee. A license to carry or possess a pistol or revolver shall
specify the weapon covered by calibre, make, model, manufacturer's name
and serial number, or if none, by any other distinguishing number or
identification mark, and shall indicate whether issued to carry on the
person or possess on the premises, and if on the premises shall also
specify the place where the licensee shall possess the same. If such
license is issued to an alien, or to a person not a citizen of and
usually a resident in the state, the licensing officer shall state in
the license the particular reason for the issuance and the names of the
persons certifying to the good character of the applicant. Any license
as gunsmith or dealer in firearms shall mention and describe the
premises for which it is issued and shall be valid only for such
premises.
(c) A license to purchase or take possession of a semiautomatic rifle
as defined in subdivision two of this section shall be recertified to
the applicable licensing officer every five years following the issuance
of such license. Failure to renew such a license shall be a violation
punishable by a fine not to exceed two hundred fifty dollars, and such
failure to renew shall be considered by the licensing officer when
reviewing future license applications by the license holder pursuant to
this chapter.
7. License: form. Any license issued pursuant to this section shall,
except in the city of New York, be approved as to form by the
superintendent of state police. A license to carry or possess a pistol
or revolver or to purchase or take possession of a semiautomatic rifle
shall have attached the licensee's photograph, and a coupon which shall
be removed and retained by any person disposing of a firearm to the
licensee. A license to carry or possess a pistol or revolver shall
specify the weapon covered by calibre, make, model, manufacturer's name
and serial number, or if none, by any other distinguishing number or
identification mark, and shall indicate whether issued to carry on the
person or possess on the premises, and if on the premises shall also
specify the place where the licensee shall possess the same. If such
license is issued to an alien, or to a person not a citizen of and
usually a resident in the state, the licensing officer shall state in
the license the particular reason for the issuance and the names of the
persons certifying to the good character of the applicant. Any license
as gunsmith or dealer in firearms shall mention and describe the
premises for which it is issued and shall be valid only for such
premises.
(c) A license to purchase or take possession of a semiautomatic rifle
as defined in subdivision two of this section shall be recertified to
the applicable licensing officer every five years following the issuance
of such license. Failure to renew such a license shall be a violation
punishable by a fine not to exceed two hundred fifty dollars, and such
failure to renew shall be considered by the licensing officer when
reviewing future license applications by the license holder pursuant to
this chapter.
Saltwater60
.950 JDJ
Thanks for being in the fight even though it doesn’t impact you.
Saltwater60
.950 JDJ
There’s no law against it. If there is provide it and don’t come back with brandishing because just walking down the street with a gun is t brandishing.
Maybe look back at the post that I quoted was replying to..
Saltwater60
.950 JDJ
Now that hochulwon be ready for the training to apply to every one recertifying going forward.
Saltwater60
.950 JDJ
I understand what the license is for but you carry a rifle before the permit bs. I agree with you that the license doesn’t grant carry of a rifle permission but we had it before the license. You need permission to carry a pistol not a rifle.
I tried to proactively take care of that and recertified early before sep 1
FrankenCub
.338 Win Mag
As well as a host of new regulations she hasn't thought of yet. If we're lucky we'll be able to legally carry on Sundays. Monday through Saturday will be restricted days.
Exactly so no Loop-hole with this semi-auto license.
But would you walk down a sidewalk in front of a school with a rifle over your shoulder?