Posted on 06/19/2008 12:29:43 PM PDT by neverdem
City's Restrictions Described as 'Good Target' for Suit
If gun enthusiasts are victorious this month when the Supreme Court declares what rights exist under the Second Amendment, their next target may be New York City's strict gun control laws.
The federal high court may issue its historic decision on gun rights as early as today, and certainly by no later than month's end.
Obtaining a gun license in New York City is now a lengthy and costly endeavor. In the span of a decade, a New Yorker with a licensed handgun at home will pay more than $1,000 in fees.
Some of the obstacles facing prospective gun owners in the city may change if the Supreme Court rules that individuals have a constitutional right to keep a gun for protection.
"If there is an individual right, then bureaucratic discretion in permitting...,"
--snip--
Gun rights proponents interviewed cited two items in New York's gun control laws that would be especially vulnerable to legal challenge depending on the Supreme Court's ruling. One is a requirement that firearms generally be kept inoperable when not being handled. The other is a licensing fee of $340 that New Yorkers must pay every three years in order to keep a handgun at home or at a business.
"Does it constitute an infringement of an individual right guaranteed by the Bill of Rights to charge a citizen $340 every three years for exercising that right?" Mr. Brophy asked, adding that he believed it was an infringement. "You can't tax a right out of existence and call it a user fee," he said.
Mr. Feinblatt said that the licensing fee didn't raise an issue.
"Nobody who pays the fee likes to pay the fee, but there isn't a constitutional right not to have a fee," he said.
(Excerpt) Read more at nysun.com ...
If the Standing Constitutional Convention rules correctly, then all federal and State gun regulations will be challenged. The next issue will whether Second Amendment gets “incorporated”.
Kennedy’s siding with the infamous four on two recent SCOTUS decisions has me concerned.
The day the courts rule the Sullivan Laws unconstitutional, I will be doing a Mazurka through the streets.
LOL! If the Standing Constitutional Convention rules incorrectly, all bets are off. It will be interesting times if we have to start over again from scratch, to say the least.
That's all I had to read. I knew it was you.
This country is waaaay out of whack.
“Kennedys siding with the infamous four on two recent SCOTUS decisions has me concerned.”
You and me both.
I’ll see your Mazurka and raise you a Highland Schottische!
Gun enthusiasts know better than to bring a knife to a gun fight, yet they think they can bring a gun case to a legal fight and not lose a little.
There is no winning, no matter what SCOTUS rules. The Second Amendment can only be "interpreted" to its detriment. We'll see new gun control within the terms set down by the Supreme Court.
but but - wasnt that stimulus check enough to keep you happy ?
wait til bass season is over
I now think the odds of an overturn of the D.C. gun ban are less than 50%.
The LENGTH of time its taking for a decision on this issue is, in itself, ominous. It should have been a simple thing, based on the intial court hearing.
My guess is the Libs are trying to figure out some way to twist logic and reason and come out in support of Washington D.C. without looking like the total @$$e$ they are.
I don't. Grant new rights to terrorists by saying we must remain true to the Constitution, and then turn around and lessen a natural born citizen's right to self defense? That makes no sense. Kennedy's kick is broadening individual rights, not lessening them, according to Jan Crawford Greenberg, ABC legal analyst, IIRC. They won't touch other infringements with this case if they want to keep it simple. Incorporation would be a plus.
I hope they challenge Rhode Island’s draconian gun laws as well. You can’t even get a concealed weapons permit unless you present a “need” which apparently doesn’t include self-protection.
No it wasn’t. It took the 24th Amendment to the Constitution to make poll taxes unconstitutional.
Mississippi’s also.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.