NY Appellate Court Recognises Bruen Decision

[Bob A]

NY Attorney General bitch-slapped.

"Petitioner's Second Amendment Rights Are Not Dependent on Her Spouse's Acquisition ...

of an unrestricted concealed carry pistol permit," says N.Y. appellate court.

reason.com

 

[JPG]

She couldn’t get a license because her husband already had one? Only one per household is for winning prizes not constitutional rights.

Glad judges are starting to realize that the Constitution should be followed. Just wish more did and they recognize this faster than they are curr

 

[Allen65]

She couldn’t get a license because her husband already had one? Only one per household is for winning prizes not constitutional rights.

Glad judges are starting to realize that the Constitution should be followed. Just wish more did and they recognize this faster than they are curr

Sometimes government officials in NY seem to act like jerks just because they can. The permit denial just seems more about power than firearms, based on the state's rationalization of their decision.

 

[jc1240]

NY Attorney General bitch-slapped.

"Petitioner's Second Amendment Rights Are Not Dependent on Her Spouse's Acquisition ...

of an unrestricted concealed carry pistol permit," says N.Y. appellate court.

reason.com

The case arose before Bruen, when New York required a showing of special need to get a license to carry a gun for self-defense. The petitioner had argued that she needed a gun because she and her husband would often carry substantial sums of cash for business, but the New York licensing authorities responded that she "failed to explain why her stated self-defense needs were not already adequately and independently addressed by her husband's recent acquisition of an unrestricted concealed carry license."

Illogical idiots. Unless her and her husband are conjoined twins, she won't be with him every second of every day.

 

[Bob A]

Illogical idiots. Unless her and her husband are conjoined twins, she won't be with him every second of every day.

Logic seldom applies with hoplophobes and their paid agents.

 

[lazarus]

Illogical idiots. Unless her and her husband are conjoined twins, she won't be with him every second of every day.

Even if he was, two minds, two sets of eyes, two sets of hands, why not put a gun in each set? Heck, if using a brace of pistols was actually in some way really better for self defense (well, I guess a brace of SAA gate loading pistols is better than 1) then why wouldn't you if it is just you? Two of ya'll each having a gun seems like better "self defense" than only one good guy being armed.

 

[OMD6dawg]

When is that pesky need to be a “NYC resident” to get a NYC permit going to get dealt with?

 

[pcfixer]

You don't have to ask the government for permission.

permit to carry is on demand.

The court's main point was that, given the decision in Bruen, which came down while the appeal was pending, petitioner had a constitutionally protected right to carry, even without a showing of special need.

 

[adit]

Can anyone explain to me where in the "text, history, and tradition" of the 2A were permits even issued or required?

I'll hold my breath for the answer...

 

[lazarus]

Can anyone explain to me where in the "text, history, and tradition" of the 2A were permits even issued or required?

I'll hold my breath for the answer...

Surety bonds are the closest analog.

Permits at all may not pass. But SCOTUS Hasn’t directly weighed in other than to say they are presumptive constitutional. For now.

 

[Adolph Oliver Bush]

Can anyone explain to me where in the "text, history, and tradition" of the 2A were permits even issued or required?

I'll hold my breath for the answer...

Or 1A, or 4A, etc.... To see if a gun topic is stupid, just substitute "free speech" and see if makes sense. Of course it never does.

 

[press1280]

When is that pesky need to be a “NYC resident” to get a NYC permit going to get dealt with?

Unless something got changed recently you can get one as an out of state resident, although I don't know if a business in the city is required.
I know I saw a case a while back where a NJ resident was denied a NJ carry permit but did have a NYC permit.

 

[ironpony]

How much of a slap was this in AG terms? How much power to slap do the courts actually have,
"OK, run along and play ... and don't do that again."