Calguns.net  

Home My iTrader Join the NRA Donate to CGSSA Sponsors CGN Google Search
CA Semiauto Ban(AW)ID Flowchart CA Handgun Ban ID Flowchart CA Shotgun Ban ID Flowchart
Go Back   Calguns.net > POLITICS, LITIGATION AND ACTIVISM > 2nd Amend. Litigation Updates & Legal Discussion
Register FAQ Members List Calendar Mark Forums Read

2nd Amend. Litigation Updates & Legal Discussion Discuss California 2A related litigation and legal topics here. All advice given is NOT legal counsel.

Closed Thread
 
Thread Tools Display Modes
  #1  
Old 10-06-2022, 9:29 AM
DolphinFan DolphinFan is online now
Senior Member
 
Join Date: Dec 2012
Posts: 2,136
iTrader: 4 / 100%
Default A federal judge said the state couldn’t ban guns from certain sensitive locations, su

ALBANY, N.Y. (AP) — A federal judge halted key provisions Thursday of New York’s latest attempt to restrict who can carry a handgun in public and where firearms can be brought, saying multiple parts of a law the state passed this year are unconstitutional.

U.S. District Judge Glenn Suddaby focused on multiple parts of the law, saying licensing requirements — like a rule requiring applicants to turn over information about their social media accounts — went too far.

“Simply stated, instead of moving toward becoming a shall-issue jurisdiction, New York State has further entrenched itself as a shall-not-issue jurisdiction. And, by doing so, it has further reduced a first-class constitutional right to bear arms in public for self defense ... into a mere request,” wrote Suddaby, who sits in Syracuse.

The ruling would keep restrictions in place that bar firearms from being carried into schools, government buildings and places of worship, but the judge said the state couldn’t ban guns from other sensitive locations, such as Times Square.

The judge gave the state three business days to seek emergency relief before a federal appeals court.

The rules were part of a sweeping gun law that went into effect Sept. 1 designed to protect public safety while adhering to a U.S. Supreme Court ruling that invalidated New York’s old system for granting permits to carry handguns outside the home.

The law increased training requirements for applicants and requires them to turn over more private information, including a list of everyone living in their home. Suddaby said the law’s requirement that a license applicant be of “good moral character” is unconstitutional, as currently written.

Gov. Kathy Hochul and the state Legislature approved the law this summer shortly after the high court struck down a state law that required people to demonstrate an unusual threat to their safety to qualify for a license to carry a handgun outside their homes.

There have been several federal challenges to the law from gun rights advocates who argue the legislation violates the Second Amendment and free speech rights.

This lawsuit was bought by six gun owners from upstate New York who claim the law infringes on their constitutional rights. Most of the plaintiffs have licenses to carry and argue the law keeps them from holding a weapon in designated sensitive places like state parks or church.

One plaintiff intends to apply for a carry permit but is unwilling to share social media posts or character references with investigators, according to the federal complaint.

New York is among a half-dozen states that had provisions of their gun laws invalidated by the Supreme Court.
  #2  
Old 10-06-2022, 9:44 AM
SkyHawk's Avatar
SkyHawk SkyHawk is offline
Front Toward Enemy
CGN Contributor
 
Join Date: Sep 2012
Location: Outside my Southern Comfort Zone
Posts: 22,609
iTrader: 221 / 100%
Default

https://www.syracuse.com/crime/2022/...-syracuse.html

Quote:
Suddaby also ruled that the state cannot require applicants to have an in-person meeting with the licensing officer, disclose the names and contact information of all adults residing in their home or provide a list of all current and former social media accounts from the past three years.
https://www.reuters.com/legal/us-jud...aw-2022-10-06/

Quote:
He said his order would not take effect for three days to allow the New York government to appeal his ruling in a higher court.
__________________
.


Last edited by SkyHawk; 10-06-2022 at 9:46 AM..
  #3  
Old 10-06-2022, 9:58 AM
Irvine Irvine is offline
CGN/CGSSA Contributor
CGN Contributor
 
Join Date: May 2014
Location: Irvine, CA
Posts: 374
iTrader: 8 / 100%
Default

Awesome! Precedent has been set... Maybe 918 will go away.... of course there are still restrictions, maybe those will be challenged as well.

Last edited by Irvine; 10-06-2022 at 10:00 AM..
  #4  
Old 10-06-2022, 11:22 AM
Librarian's Avatar
Librarian Librarian is offline
Administrator
CGN Contributor - Lifetime
 
Join Date: Oct 2005
Location: Cottage Grove, OR
Posts: 43,778
iTrader: 4 / 100%
Default

That's Antonyuk - see the thread http://www.calguns.net/calgunforum/s....php?t=1821250

As it is in New York, it goes to the National forum; this info is already there, so closed as dupe.
__________________
ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page

Frozen in 2015, it is falling out of date and I can no longer edit the content. But much of it is still good!
"The object of life is not to be on the side of the majority, but to escape finding oneself in the ranks of the insane."

- Marcus Aurelius
Ann Althouse: “Begin with the hypothesis that what they did is what they wanted to do. If they postured that they wanted to do something else, regard that as a con. Work from there. The world will make much more sense.”

Not a lawyer, just Some Guy On The Interwebs.



Closed Thread

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump



All times are GMT -8. The time now is 3:12 AM.




Powered by vBulletin® Version 3.8.11
Copyright ©2000 - 2023, vBulletin Solutions Inc.
Proudly hosted by GeoVario the Premier 2A host.
Calguns.net, the 'Calguns' name and all associated variants and logos are ® Trademark and © Copyright 2002-2021, Calguns.net an Incorporated Company All Rights Reserved.
All opinions, statements and remarks made by Calguns.net on this web site and elsewhere are solely attributable to Calguns.net.



Seams2SewBySusy