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Posted on 07/25/2022 5:07:20 AM PDT by marktwain
The New York State anti-Second Amendment law, enacted under an extraordinary session brought about by Governor Hochel, is blatantly unconstitutional under the terms of the recent Bruen decision by the Supreme Court. Several provisions of the law are likely to be struck down. This article focuses on the requirement to provide social media accounts and the practical mechanisms, which mean very few permits will be approved under this provision.
Those which are approved are likely to take an unconstitutional amount of time. From Bruen, page 30 of the opinion, footnote 9:
And they likewise appear to contain only “narrow, objective, and definite standards” guiding licensing officials, Shuttlesworth v. Birmingham, 394 U. S. 147, 151 (1969), rather than requiring the “appraisal of facts, the exercise of judgment, and the formation of an opinion,” Cantwell v. Connecticut, 310 U. S. 296, 305 (1940)—features that typify proper-cause standards like New York’s. That said, because any permitting scheme can be put toward abusive ends, we do not rule out constitutional challenges to shall-issue regimes where, for example, lengthy wait times in processing license applications or exorbitant fees deny ordinary citizens their right to public carry.
Here is Section IV of the bill:
(IV) A LIST OF FORMER AND CURRENT SOCIAL MEDIA ACCOUNTS OF THE APPLICANT FROM THE PAST THREE YEARS TO CONFIRM THE INFORMATION REGARDING THE APPLICANTS CHARACTER AND CONDUCT AS REQUIRED IN SUBPARA-GRAPH (II) OF THIS PARAGRAPH; AND
Section IV appears to directly require the formation of an opinion, rather than “narrow, objective, and definite standards”, as required by Bruen. Bruen states if times to process are “lengthy” or if fees are “exorbitant”, shall issue regimes are likely to fail a Second Amendment test.
Authorities who are empowered by New York State law to issue permits face
(Excerpt) Read more at ammoland.com ...
If you say you don't, but it later turns out you do, then they charge you with a felony for lying on an official government application.
And you can be DAMN sure that they will have people scrutinizing anyone who seems politically active for the Right.
They don't need to. They will just raid your house, seize your guns, and force you to spend $100K defending yourself against the charges.
They don't need to WIN, they just need to force you to go through hell defending your self.
https://www.law.cornell.edu/uscode/text/18/242
Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, ON ACCOUNT OF such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year, or both.
Same, if you do have a SM account, take your picture off and change the state where you live! Also, get another email account and use that on the SM account. If you’re not showing NY as your resident state, how can they deny you?
The NFA is already on the chopping block.
Yep. If they would incorporate that with the 14th amendment, equal protection would apply.
Perhaps Alan Gottlieb is warming up his lawyers to do just that.
*Fingers crossed*
[[Several provisions of the law are likely to be struck down]]
But not all the provisions struck down?
Yeah, what is this FreeRepublic y’all are talking about?
Frivolous laws: how about a requirement on all laws? Prior to floor vote a congressional analysis and assessment must be presented with the bill. Said will state that no portion is in violation of constitution (if Fed, Fed; if state, State). If the law is later found in violation, the Congressional proposers get a substantial personal fine (e.g., 25% of pay) that cannot be protected/reimbursed by any Congressional system (like the one that protects sex harassers) . As to the Aholes that made the faulty assessment, jail. Especially if they were 3rd parties. Not the company, the people.
Kinda like signing off on a bridge design. If you make a mistake, personal hurt follows.
“Free Republic is social media, no doubt about it. “
Be that as it may, I am still unaware of any legal definition of social media which would apply.
If you use an email account this qualifies for social media.
This Ping List is for all things pertaining to infringes upon or victories for the 2nd Amendment.
FReepmail me if you want to be added to or deleted from the list.
More 2nd Amendment related articles on FR's Bang List.
That Constitution was a really good thing. I really miss it.
Just another good reason to never have a social media account.
Maybe NY should apply this to voting. Let’s see how that works out.
Oh wait a minute. It turns out the ‘right to vote’ isn’t really in the Constitution, is it? Yes four Amendments say that voting rights can’t be excluded on the basis of race, previous status as a slave, sex, failure to pay a poll tax, or not being older than 18. But no where does it say you automatically have the right to vote. But it does say your right to keep and bear arms ‘shall not be infringed’.
NY just instituted a Chicom style social credit score.
On that note...
Imagine having to submit to the state the last 2 years of one’s social media history to be allowed to be free from cruel and unusual punishment. To peaceably assemble. To remain silent and be provided council. To be secure from unreasonable searches and seizures.
Wait. That last one would have to be thrown out as it IS an unreasonable search and seizure.
I don’t live anywhere near the east coast, but I gotta ask; if I did, am I a hero for fighting back or an idiot for staying?
Both are arguable.
Of course FReepers have Exactly the ‘Creds to be
Approved!
.
/$
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