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hoffmang
11-05-2008, 9:45 PM
A New York intermediate appellate court overturned (http://www.nysrpa.org/files/colaiacovo_v_dormer.pdf) (they call it a Supreme Court while it is not the state court of last resort) a state pistol license requirement that forces licensees to store their handguns inoperable. The rationale was Heller and it was assumed to be incorporated.

Hat tip (http://armsandthelaw.com/archives/2008/11/ny_ruling_apply.php) to Dave Hardy.

-Gene

EastBayRidge
11-05-2008, 10:06 PM
Nice - Suffolk is on the far end of Long Island, one county away from NYC... Hear those footsteps, Mayor B ?

If I remember my NY Civ Pro correctly, the NY Supreme Court is the state's trial court.

CA_Libertarian
11-06-2008, 11:21 AM
Any word if the state intends to appeal to a higher court?

If this ruling were to go to the circuit court (not sure which one covers NY), would a pro-gun ruling help us in any way? Or is it just a good sign that justice is finally prevailing?

hoffmang
11-06-2008, 1:42 PM
Any word if the state intends to appeal to a higher court?

If this ruling were to go to the circuit court (not sure which one covers NY), would a pro-gun ruling help us in any way? Or is it just a good sign that justice is finally prevailing?

Mostly its a good sign that urban New York courts are just accepting the obvious legal reality.

-Gene

AJAX22
11-06-2008, 1:44 PM
*Fingers crossed for luck*

I hope this trend continues... I'd really like to have a gun in my apartment here in NYC... I live two blocks south of the 125th projects

Lex Arma
11-06-2008, 1:54 PM
A New York intermediate appellate court overturned (http://www.nysrpa.org/files/colaiacovo_v_dormer.pdf) (they call it a Supreme Court while it is not the state court of last resort) a state pistol license requirement that forces licensees to store their handguns inoperable. The rationale was Heller and it was assumed to be incorporated.

Hat tip (http://armsandthelaw.com/archives/2008/11/ny_ruling_apply.php) to Dave Hardy.

-Gene

How do we know this is not an anti-gun judge pitching one high and outside to an anti-gun court of appeals to kill incorporation in the cradle?

CrackedShot
11-06-2008, 2:25 PM
Oh, they finally figured out the Constitution and Bill of Rights means what it says......we don't need it to be interpreted.

hoffmang
11-06-2008, 6:53 PM
How do we know this is not an anti-gun judge pitching one high and outside to an anti-gun court of appeals to kill incorporation in the cradle?

We don't know that this isn't a set up, but there is some interesting NY case law. A prior case interpreted the NY RKBA stating that since the only wording difference is "can not" versus "shall not", the federal interpretation of the 2A was binding on interpreting the NY Constitution. That binding precedent can be pretty obviously followed to mean that if the federal interpretation is now that it's an individual right, then the NY RKBA is an individual right and no incorporation is necessary since the decision rests on state law.

Aren't these thinly reasoned intermediate court decisions such fun?

-Gene

X-NewYawker
11-06-2008, 8:42 PM
Mostly its a good sign that urban New York courts are just accepting the obvious legal reality.

-Gene

FYI -- Suffolk County is a mostly Suburban and Rural part of Long Island. It is where the Calverton range - the only big outdoor range on Long Island is located.

trashman
11-06-2008, 8:45 PM
Aren't these thinly reasoned intermediate court decisions such fun?



Totally! It almost makes me want to be a ... oh wait ...no...nevermind. I decided against that as a career path 15 years ago. :P

--Neill