NYC Defies Supreme Court, Creates Times Square “Gun Free Zone”

AmmoLand ^ | October 12, 2022 | Dean Weingarten

[marktwain]

On June 22, 2022, the Supreme Court issued the long-awaited and anticipated decision in the New York State Rifle and Pistol Association v. Bruen case. The decision ended more than a decade of silence by the Court as lower courts eviscerated Second Amendment right restored by the Heller and McDonald decision in 2008 and 2011, respectively.

Bruen decisively restored the right to carry portable arms outside the home and clearly ordered lower courts to abide by the standards of the Heller and McDonald decisions rather than use the “two-step” process the lower courts had established to evade the restoration of Second Amendment protections.

Governor Hochel of New York reacted within hours of the Supreme Court decision in Bruen with an emergency session explicitly designed to void the effect of Bruen.

On October 3, 2022, a federal district judge in New York found most of the “emergency” New York law to be unconstitutional, specifically a portion forbidding the legal carry of firearms in Times Square. From that decision:

Based on the historical analogues located thus far, it does not appear permissible for New York State to restrict concealed carry in the following place: “the area commonly known as Times Square, as such area is determined and identified by the city of New York; provided such area shall be clearly and conspicuously identified with signage” (as stated in subsection “2(t) of the CCIA).

On October 11, 2022, the City of New York defied the Supreme Court and the federal district court by imposing a City law banning the legal carry of guns by ordinary citizens in Times Square, with local law 0602-2022. The local law is to take effect immediately.

There will almost certainly be challenges to the law in short order.

[William Tell]

"Unless the Executive branch uses its police powers to enforce a judicial decision there is no control/correction."

Police enjoy immunity from liability for honest mistakes and the Supreme Court has recognized that immunity. Imagine now that the Supreme Court explicitly states that New York officers' immunity will be void with respect to enforcing these unConstitutional laws.

If you were part of NYPD would you trust New York to win this battle if your entire net worth was on the line? Or would you campaign for the Governor and Legislature to stop their defiance?

[Bob434]

sorry- thought you were making the case she was ‘testing the waters to see what would hold up and wouldn’t?