Second Circuit NYC transport law upheld

The #1 community for Gun Owners of the Northeast

Member Benefits:

  • No ad networks!
  • Discuss all aspects of firearm ownership
  • Discuss anti-gun legislation
  • Buy, sell, and trade in the classified section
  • Chat with Local gun shops, ranges, trainers & other businesses
  • Discover free outdoor shooting areas
  • View up to date on firearm-related events
  • Share photos & video with other members
  • ...and so much more!
  • GTOGUNNER

    IANAL, PATRIOT PICKET!!
    Patriot Picket
    Dec 16, 2010
    5,492
    Carroll County!
    That the Rule restricts practicing with their own firearms to ranges within the City
    does not make practicing out side the City or with their own firearms impossible, just not
    the two together.

    Makes since says Woodstock.... LOL SAD.
     

    GTOGUNNER

    IANAL, PATRIOT PICKET!!
    Patriot Picket
    Dec 16, 2010
    5,492
    Carroll County!
    Can someone put this in english please?

    Plaintiffs New York State Rifle & Pistol Association, Inc.,et al
    Defendants City of New York and New York Police Department–License
    Division,
    Challenging a provision of a New York City licensing scheme under
    which an individual with a “premises license” for a handgun may remove the
    handgun from the designated premises only for specified purposes, including
    going to a shooting range in New York City. Plaintiffs sought to remove licensed handguns from their licensed premises for other purposes, including going to shooting ranges outside New York City and transporting the handgun to a second home in upstate New York. The United States D
    istrict Court for the Southern District of New York
    (Robert W. Sweet, J.) denied plaintiffs’ motions for summary judgment and for a preliminary injunction, and granted defendants’ cross-motion for summary judgment. The district court held that the restrictions
    in premises licenses do not violate the Second Amendment, the Commerce
    Clause, the fundamental right to travel, or the First Amendment.
    Plaintiffs appeal that judgment.
    We AFFIRM.

    If that was too long,
    In NYC you can get a “premises license”, but that permit is for the premises. You can take the gun to a range and practice but only if the range is in NYC,.. The Gun has to stay in NYC.....

    IANAL.,... but this is free so what the heck..
     

    Allen65

    Ultimate Member
    MDS Supporter
    Jun 29, 2013
    7,063
    Anne Arundel County
    How does this law even pass a rational basis test? I guess the solution is to head to a range in PA so FOPA provides an affirmative defense?
     

    GTOGUNNER

    IANAL, PATRIOT PICKET!!
    Patriot Picket
    Dec 16, 2010
    5,492
    Carroll County!
    How does this law even pass a rational basis test? I guess the solution is to head to a range in PA so FOPA provides an affirmative defense?

    No... under this courts decision, that would not work. Your permit is for the gun to be at your premises. Imagine that a store owner in Maryland keeps a gun for Self Defense under a counter .. No permit is needed. Employees can even access the firearm, but they can't leave the store with it or take it out of state.
    This is kind of the same in a NYC screwy way.

    I hope my explanation is correct, wouldn't want to lose my IANAL Card!
     

    JPG

    Ultimate Member
    Aug 5, 2012
    6,996
    Calvert County
    How the heck does that even make any sense whatsoever? If you asked anyone even an anti gunner if they think you should be able to take a gun to any gun range they would say yes.

    Why would the POLICE be against this?
     

    GTOGUNNER

    IANAL, PATRIOT PICKET!!
    Patriot Picket
    Dec 16, 2010
    5,492
    Carroll County!
    How the heck does that even make any sense whatsoever? If you asked anyone even an anti gunner if they think you should be able to take a gun to any gun range they would say yes. No they wouldn't, you shouldn't own a gun.

    Why would the POLICE be against this? Your Lucky we let you have a gun and its bigger than ours so don't bring it out of the house..

    Actually It is like the restrictions on Maryland permits, (some people have them I have heard) you have to abide by the restrictions which I hear some people have. Others have no restrictions. except where "not valid where prohibited by law"...
     

    K-Romulus

    Suburban Commando
    Mar 15, 2007
    2,427
    NE MoCO
    I think the weakness was not having a plaintiff with a second home outside NY state. The court breezily dismissed the 2A argument by saying the PL could just get another permit in the NY county where his second home is located and buy another pistol.

    NYPD claimed that they had to limit NYC pistol holders to protect public safety due to "road rage" risks from having an unloaded pistol in the trunk. Also, they used to issue target shooting permits for going to out of town ranges but there were "abuses" that caused them to kill those permits in 2001. Abuses were carrying loaded, flying on airplanes, and driving around at night when NYPD thought no ranges were open.

    I am impressed that there is a 100yd rifle range somewhere in the city(??)


    Sent from my iPhone using Tapatalk
     

    psucobra96

    Ultimate Member
    Jun 20, 2011
    4,698
    This is the problem when they take a fundamental right and claim srict scrutiny doesn’t apply. For intermediate they can wordsmith and twist
    Anything to justify a reason. Shall not be infringed is one of the clearest statements we have, yet these judges treat the word “shall” in a difference contact in reference to the 2nd then compared to any other law. Their reasoning is ridiculous, and it cites Connecticut’s and New York’s ban on semi automatic rifles as part of the justification. We need a scotus case just on rifles because they are ignoring Hellar.
     

    Zorros

    Ultimate Member
    Dec 10, 2017
    1,407
    Metropolis
    No... under this courts decision, that would not work. Your permit is for the gun to be at your premises. Imagine that a store owner in Maryland keeps a gun for Self Defense under a counter .. No permit is needed. Employees can even access the firearm, but they can't leave the store with it or take it out of state.
    This is kind of the same in a NYC screwy way.

    I hope my explanation is correct, wouldn't want to lose my IANAL Card!

    It seems anytime there is a new, restrictive, gun llaw, or a ct case in which an other state’s gun law is upheld, a few of our lovlies in the legislature copy the law. wonder whether our AG is a “ bill whisperer”.
     

    press1280

    Ultimate Member
    Jun 11, 2010
    7,878
    WV
    The fact they didn't apply for a carry permit probably screwed them, even though they wouldn't have gotten them, it would at least check a box.
     

    GlocksAndPatriots

    Banned
    BANNED!!!
    Aug 29, 2016
    763
    Pooler - Appointed by Bill Clinton
    Lynch - Appointed by Barack Obama
    Carney - Appointed by Barack Obama

    Did anyone really expect anything different?

    It's a waste of time to even bring cases anymore, not until the Supreme Court composition changes. Kcbrown and I have been right all along.
     

    777GSOTB

    Active Member
    Mar 23, 2014
    363
    It's a waste of time to even bring cases anymore, not until the Supreme Court composition changes. Kcbrown and I have been right all along.

    That's not an absolute until a case is run similar to the Caetano case. IE, a common use weapon being used for self-defense without a license. Gotta challenge the right before one is under a license contract. Norman gave us that clue. Federal judges wear 3 types of hats, at law, in equity and admiralty jurisdictions. A constitutional right is at law. They're common law rights. A license requires them to don the equity hat and we all know how that has turned out.
     

    MigraineMan

    Ultimate Member
    Jun 9, 2011
    19,109
    Frederick County
    I think the weakness was not having a plaintiff with a second home outside NY state. The court breezily dismissed the 2A argument by saying the PL could just get another permit in the NY county where his second home is located and buy another pistol.

    I'm stunned at how they just hand-waved past "you can apply for another permit, buy a second gun, and keep it [unsupervised] at your second home" as not presenting a burden. Might as well tell him he can't take his money out of The City because he can always get another job and earn some elsewhere.

    Strict scrutiny does not attach to Rule 5-23 as a result of Colantone’s desire to transport the handgun licensed to his New York City residence to his second home in Hancock, New York. Even if the Rule relates to “core” rights under the Second Amendment by prohibiting Colantone from taking his licensed firearm to his second home, the Rule does not substantially burden his ability to obtain a firearm for that home, because an adequate alternative remain for [Colantone] to acquire a firearm for self-defense.

    Decastro, 682 F.3d at 168; see also New York State Rifle, 804 F.3d at 259 (“No ubstantial burden exists . . . if adequate alternatives remain for law-abiding citizens to acquire a firearm for self-defense.”)
     

    GlocksAndPatriots

    Banned
    BANNED!!!
    Aug 29, 2016
    763
    I'm stunned at how they just hand-waved past "you can apply for another permit, buy a second gun, and keep it [unsupervised] at your second home" as not presenting a burden. Might as well tell him he can't take his money out of The City because he can always get another job and earn some elsewhere.

    I'm not stunned. There's no infringement the courts will not uphold. Period.
     

    Users who are viewing this thread

    Forum statistics

    Threads
    274,930
    Messages
    7,259,483
    Members
    33,350
    Latest member
    Rotorboater

    Latest threads

    Top Bottom