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Posted on 10/16/2018 12:47:55 PM PDT by PROCON
A group of states from across the country is backing a challenge to New York City’s restrictive gun laws. Led by Louisiana Attorney General Jeff Landry, they filed a brief last week in the pending request for cert of three NYC gun owners — Romolo Colantone, Efrain Alvarez, and Jose Anthony Irizarry — who argue the city’s “premises permit” scheme, which drastically restricts the ability to leave one’s premises with a firearm, is unconstitutional.
The gun owners are licensed to have handguns on their residence or business but under current law can only leave with them to go to a shooting range inside the city or to go hunting. They have long argued to the court that this precluded them from such basic freedoms as taking their gun to a range in another city or to a second home upstate. Landry agrees.
“The restrictive policies memorialized in New York City’s ‘premises permit’ scheme unduly burdens the Second Amendment rights held by all Americans,” said Landry. “Criminalizing travel with a securely stored firearm creates an imbalance in our federal system that weighs against lawful exercise of the Second Amendment inside and outside of New York City.”
Landry is joined in the brief by attorneys general from Alabama, Arizona, Arkansas, Georgia, Idaho, Kansas, Michigan, Montana, Oklahoma, South Carolina, Texas, Utah, West Virginia, and Wisconsin while the Republican governors of Mississippi and Kentucky have also signed on.
Two other briefs have been filed in favor of the plaintiffs by law enforcement lobby groups spearheaded by the Western States Sheriffs’ Association and a variety of pro-gun groups to include Gun Owners of America, Gun Owners Foundation, The Heller Foundation, Conservative Legal Defense and Education Fund, Downsize DC Foundation, DownsizeDC.org, and Restoring Liberty Action Committee.
Colantone, Alvarez, and Irizarry are allied with the New York State Rifle and Pistol Association and took city officials to court in 2014, arguing the restrictive license forces gun owners to leave firearms in sometimes unoccupied buildings for long periods of time– such as in cases where they are at another home or out-of-town– and forces them to exclusively use the city’s few ranges, most of which are private clubs with comparatively high fees when compared to ranges outside of the City. Police countered the men’s argument by saying the ban on transporting even unloaded weapons promotes public safety by limiting the presence of handguns on city streets.
U.S. District Judge Robert W. Sweet, an appointment by President Jimmy Carter, rejected the case in favor of the city in 2015 and a panel for the 2nd U.S. Circuit this February affirmed his decision contending the restrictions on-premises licenses do not violate the Second Amendment. The panel held that the license holders could always purchase a second gun for a second home or business rather than transport one firearm back and forth and, despite the argument that the in-city ranges were more expensive, they were still locally available to the gun owners and, when traveling outside of the city to shooting competitions, guns can be rented or borrowed for that purpose.
This Ping List is for all things pertaining to the 2nd Amendment.
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The comments at the end of the article are priceless.
I'm not so certain Kavanaugh is all that solid; it'll be what he does and how he rules over the next 24 months that should tell us that. The good news: His dissent when the circuit court found that a ban on the sale of semi-automatic rifles was permissible under the Second Amendment, following the Supreme Court ruling in Heller. Less solid: Kavanaugh's opinion in the circuit court on restricting magazine capacity that " In order to apply Heller’s test to this prohibition, we must know whether magazines with more than 10 rounds have traditionally been banned and are not in common use.”
Should be slam dunk, the whole buy another gun argument is hilarious.
The dam is beginning to break...
Good to see Utah AG in on this. Nationwide reciprocity could be on the horizon.
If gay marriage is an equal protections finding from the supreme court (and nowhere in the constitution is marriage discussed) how can gun rights not be an equal protections finding?
While this is a good thing, regrettably, it shows the very distinct fault line in America.
“Should”.
Unless Roberts decides to penumbra something into a magical tax again.
Yes, I thought better of using 'Will'.
Hey, don’t worry if you are out and about in NYC and need a handgun for self defense. Just run to the nearest gun shop, buy another gun, wait out the 5 day waiting period, and heck, by then the police should already have responded to your call so you probably won’t need the gun anyway.
Here’s the problem; if the premise permit is repealed, the store owners will lose their gun rights, completely. The government will lob them in with every other NYC citizen and make it nearly impossible for them to get a full carry.
New York is not unique, regardless of what they might think. Experience in cities which have “shall-issue” CCW does not support the idea that CCW makes the streets more unsafe.
We had the same thought on it.
Make no mistake, my fine FReeper FRiend.
We have a solid four conservative Constitutionalists, and Chief Justice John Roberts.
What I worry about with Kavanaugh is that on the Supreme Court, he will not be bound by Heller and McDonald.
He will be able to make announcements on the Second Amendment that have not yet been pronounced by the Supreme Court.
He has shown a disturbing tendency to bow to "precedence" over the clear meaning of the Constitution.
I hope for the best. He seems of high character. But I have the doubt you have penned.
If the current law is found deficient, the courts are not just going to strike it down and let the city get away with not issuing any permits at all. They will give the city a time frame to get a new law that meets proper standards in place and leave the current law as it is until then.
Not if you wish to remain competitive. Familiarity with ones own equipment is essential. Long range precision rifle in many instances requires load development for a specific rifle.
I bet there are few LRPR competitors living in NYC.
“Landry is joined in the brief by attorneys general from Alabama, Arizona, Arkansas, Georgia, Idaho, Kansas, Michigan, Montana, Oklahoma, South Carolina, Texas, Utah, West Virginia, and Wisconsin while the Republican governors of Mississippi and Kentucky have also signed on.”
Let’s hope that Mr. Justice Kavanaugh (damn, it is GOOD to write that!) understands well that he is in a new position, and that robot-like adherence to precedent is NOT his job, adherence to the Constitution IS. He should hopefully remember that at the time of the ratification of the 2nd Amendment, people had essentially NO regulation on what arms they could own, or where they could bring them. Congress also had the Article 1, Section 8 power to issue “Letters of Marque and Reprisal,” which would be an utterly meaningless power unless the people ALREADY PRIVATELY POSSESSED the means to enter into combat, with some reasonable hope of success, against foreign armed forces. IOW, Mr. Justice Kavanaugh, the Founders and those who ratified the 2nd Amendment envisioned essentially NO LIMITATIONS upon “the right of the people to keep and bear arms.”
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