NY post Bruen laws dodge the bullet on a technicality-But Judge calls them “Doomed”

[bushmaster1313]

Shortly after the United States Supreme Court decided Bruen on June 23, New York State passed a gaggle of new laws restricting lawful carry.

A lawsuit was brought and on August 31 the Federal judge dismissed the case for lack of standing. This was not unreasonable and did the pro-2A plaintiffs a favor, because the United States Supreme Court. which might someday get this case, is very fond of dismissing important Constitutional cases for lack of standing.

However, the judge wrote a lengthy advisory opinion explaining that on the merits almost all provisions of the new laws were doomed as violations of the the First, Second and Fifth Amendments.

Judge's Decision Here

 

[NYlakesider]

Shortly after the United States Supreme Court decided Bruen on June 23, New York State passed a gaggle of new laws restricting lawful carry.

A lawsuit was brought and on August 31 the Federal judge dismissed the case for lack of standing. However, the judge wrote a lengthy opinion explaining that on the merits almost all provisions of the new laws were doomed as violations of the the First, Second and Fifth Amendments.

https://ag.ny.gov/sites/default/files/2022.08.31_order_on_pi_motion_0.pdf

That's nice to read. Lets se what happens in the real world.

 

[ruger 22]

I just found out from our county clerk office which ultimately issues the pistol permits in our area that Upstate permit holders need not undergo the 16 hour training and 2 hour live fire tests.This requirement applies to some of the nearby counties to NYC and all new applications in the entire state. In addition it is estimated that this training will cost the applicants North of $400. Ouch!!!

 

[bushmaster1313]

I just found out from our county clerk office which ultimately issues the pistol permits in our area that Upstate permit holders need not undergo the 16 hour training and 2 hour live fire tests.This requirement applies to some of the nearby counties to NYC and all new applications in the entire state. In addition it is estimated that this training will cost the applicants North of $400. Ouch!!!

Sounds like a poll tax to me.

 

[Racer X]

thanks for posting this bushmaster. I'm anxiously waiting on the California ban lawsuits, and how they will affect Washington's. California's suits are further along than Washington's.

 

[stansdds]

Sounds like a poll tax to me.

I would agree, it's paying a fee/tax in order to exercise a constitutional right.

 

[bushmaster1313]

thanks for posting this bushmaster. I'm anxiously waiting on the California ban lawsuits, and how they will affect Washington's. California's suits are further along than Washington's.

There is also a case on the 10+ Magazine ban in New Jersey and IIRC the so-called assault weapon ban in Maryland.

 

[robvious]

I watched a lengthy video by a constitutional lawyer and the rebuke by the judge was fairly complete in declaring the law unconstitutional.. he even stated that the technicalities in standing could be appealedand were probably in error...
gotta luv it

 

[bushmaster1313]

And NY called this a defense of its constitutionality

Attorney General James Successfully Defends New York’s Gun Control Laws | New York State Attorney General

 

[ladder13]

Concealed Carry Improvement Act?

They sure do come up with some whoppers don’t they.

 

[SMSgt]

All it will take is one arrest under these new laws to give a plaintiff "standing."

 

[glenwolde]

I would agree, it's paying a fee/tax in order to exercise a constitutional right.

Depends, if the State is running the classes and getting the money then yes. If it's just a requirement and you take the class from a private party and the money all goes to the instructor, then I don't see how it fits the definition of a tax.

 

[NYlakesider]

Concealed Carry Improvement Act?

They sure do come up with some whoppers don’t they.

Of course that is like the so called Safe Act, safe for what, still trying to figure that one out!

 

[Bald1]

Depends, if the State is running the classes and getting the money then yes. If it's just a requirement and you take the class from a private party and the money all goes to the instructor, then I don't see how it fits the definition of a tax.

Money goes to private instructors. NY provides no help in any way with getting permit.. The “tax” idea comes from the State making it to expensive for the people who probably need it the most to defend themselves and families. That’s always been NY’s MO. Make it such a time consuming and complicated process that people throw their hands in the air and give up.

 

[Mr. K]

NewYohkistan is doomed for the next 5 years. NY will continue the BS until they get SERIOUSLY slapped down by SCOTUS. May GOD help us unfortunate NY citizens until we can get out.

 

[kbm6893]

NewYohkistan is doomed for the next 5 years. NY will continue the BS until they get SERIOUSLY slapped down by SCOTUS. May GOD help us unfortunate NY citizens until we can get out.

They've already been slapped down by SCOTUS, and they did it anyway. They'll happily fight this for as long as they can and then if the law does get slapped down, they'll write another one and buy themselves another 5 years. NO skin off their nose. They'll continue to do this until the AWB that they want gets passed, and then the rest of the country will be in the same boat.

 

[Bald1]

As of today Cabelas in Cheektowaga NY (Buffalo suburb) has its ammo section roped off and is not selling ANY KIND OF AMMO. Store says their attorneys have advised them to stop selling until they figure out the new laws in ny

 

[Rob613]

I watched a lengthy video by a constitutional lawyer and the rebuke by the judge was fairly complete in declaring the law unconstitutional.. he even stated that the technicalities in standing could be appealedand were probably in error...
gotta luv it

The whole thing was a ploy to get the refile in front of an Obama appointed judge.

 

[Racer X]

The whole thing was a ploy to get the refile in front of an Obama appointed judge.

Then THAT gets appealed, and eventually the Supreme Court asks them "what parts of the Bruen decision don't you understand?"

 

[Rob613]

And Kathy says she doesn't care because NY never followed Heller and no one did anything.