SCOTUS ping.
Why? The Bill of Rights wasn't intended to be subject to the whims of public opinion.
Kachalsky case. It’s messed up at the district court level because they said that because Heller didn’t say whether defense outside the home was a core second amendment right, therefore they could use intermediary scrutiny to decide whether NY could deny CC unless you could prove you had an actual threat to your life ongoing, like a stalker or something.
But I read the decision and it sure sounds like rational basis. For those from rio linda, that means the court defers to the legislature as long as they come up with some plausible excuse for the law. Strict scrutiny would be the better standard, but Heller was unclear, and as my con law prof taught us, courts often confuse intermediate scrutiny with rational basis. So this mess was somewhat predictable, given how narrowly Heller was structured, í.e., could DC make a handgun in the home virtually useless for spontaneous self defense. No, they can’t. But what about every other scenario, like outside the home? No clear guidance. A good scotus decision in kachalsky would resolve that ambiguity.
We are without a doubt living in a state of tyranny in NY and that is NO hyperbole.
Finally the state police (NY Stasi) admit today, after they lied for a day, that confiscation was wrong.
Here is the real meat of the story: Cuomo and his Gestapo NYS Police chief along with... wait for it.... DHS have formed a working group to find a way to violate the 4th Amendment and HIPA laws so they can confiscate guns in NY. The 4th amendment and HIPA were violated in this case and Cuomo has seen his presidential hopes go up in flames.
It is a test case to see if this can be done on a national level.
Right now the only person in NYS who can investigate Cuomo and his mafia is Shelllllldon Silver and he, being the good communist will do no such thing.
Therefore, we are living in tyranny in NYS as we have no law, no law enforcement, no legislature to protect us from government and the government has, this week turned on its own citizens. No sane person should register his/her guns in NY nor in the rest of the USA.
To my knowledge, NY has no citizens militia to keep the government in check. Those of us in upstate NY just have to go along with the communists in NYC.
Damn right we have special needs for self-protection: we’re human beings!
The 4th Circuit recently upheld Maryland’s strict “good and substantial reason” law.
Maryland “Freak State” PING!