Subjective Judgements are not Permissible Basis for Denying Second Amendment Rights

AmmoLand ^ | November 2, 2023 | Dean Weingarten

[marktwain]

In 2018, Joseph Srour applied for a license to possess rifles and shotguns at his home in New York City. He was denied. In 2019, he applied for a license to possess handguns in his home. He was denied. The denials involved the application of the issuing authorities’ subjective judgment on Srour’s moral character and the subjective judgment of the issuing authorities’ determination of “good cause.”  Joseph Srour appealed the decision. After the Bruen decision by the Supreme Court, he amended his appeal to a direct (facial) challenge of the constitutionality of New York City law. The Case is known as Srour v New York City.

On October 24, 2023, United States District Judge John P. Cronan wrote an opinion and ordered New York City and the NYPD Police Commissioner not to enforce current New York City code 10-303(a)(2) and 10-303(a)(9). Those two provisions of the New York City code are as follows:

(a)Requirements. No person shall be denied a permit to purchase and possess a rifle or shotgun unless the applicant:

(2) is not of good moral character; or 

(9) unless good cause exists for the denial of the permit.

Judge P. Cronan states the “good moral character” and “good cause” provisions are too subjective to be allowed as barriers to the exercise of Second Amendment rights. From the Opinion and Order:

This case is not about the ability of a state or municipality to impose appropriate and constitutionally valid regulations governing the issuance of firearm licenses and permits. The constitutional infirmities identified herein lie not in the City’s decision to impose requirements for the possession of handguns, rifles, and shotguns. Rather, the provisions fail to pass constitutional muster because of the magnitude of discretion afforded to City officials in denying an individual

[marktwain]

New York just keeps thumbing its nose at the Constitution and the Second Amendment.

[golux]

Or:

“A threat to himself and others.”

-Angry wife

[Reno89519]

The city will just find another excuse to deny a legal citizen their constitutional rights.

[MtnClimber]

Somehow I think the vague and subjective NY gun laws are on purpose.

[marktwain]

Somehow I think the vague and subjective NY gun laws are on purpose.

Exactly so.

I have looked at a Chinese law. (not the gun laws) It is incredibly vague.

Charges for "picking quarrels and provoking trouble" are common, and people are regularly imprisoned for it.

[midwest_hiker]

In Illinois a Court of Appeals just said that being “close” is he same thing.
Since a semi auto weapon is “close” to an automatic weapon. Then a semi auto can be outlawed just like a full auto.

So when did being close count the he same as something else.

Is a 17 year old close enough to film porn.

Is a 20 year old close enough for o buy alcohol.is driving 68 close enough for o over 70 and get a ticket

[joshua c]

Trump appointee

thank you President Trump

[Rlsau1]

It might prove interesting to see how many of the friends and relatives of the “connected” and donor class have been turned down. My guess would be very few.