Need York City ruling

This is a discussion on Need York City ruling within the Concealed Carry Issues & Discussions forums, part of the Defensive Carry Discussions category; Originally Posted by jeepzilla How come protecting yourself from harm is not a good reason?? for some reason, nobody has sued NYC since Heller or ...

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  1. #16
    Ex Member Array Pythius's Avatar
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    Quote Originally Posted by jeepzilla View Post
    How come protecting yourself from harm is not a good reason??
    for some reason, nobody has sued NYC since Heller or McDonald, regarding permits for handgun possession and carry.

    Personally, I think the current SCOTUS would find NYC's CCW laws to be insane and strike them down.

    its one thing to bar folks who have criminal records, but NYC goes MUCH further than that. I believe you can be denied a handgun ownership permit (not even a CCW), for simply having unpaid parking tickets or loan delinquency.

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  3. #17
    Senior Member Array tmoore912's Avatar
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    This is all a plan put together by Allan Gura and the Second Amendment Foundation to get good cases to the Supreme Court. Heller(DC.), then McDonald(Chicago), then Woollard(Maryland), then................................

    Hopefully the Second Circuit will piss off the Supreme Court enough with this crazy ruling, that they will finally agree to take a stand.
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  4. #18
    Distinguished Member Array Anubis's Avatar
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    Quote Originally Posted by tmoore912 View Post
    This is all a plan...
    Yes, I've read that also. Heller established that 2A is a federally recognized individual right, then McDonald established that 2A applies to state and local governments, etc.

    Remember these were both 5-4 decisions. Because this is a long-drawn-out strategy, it gives the president a lengthy opportunity to replace one of "our" SCOTUS Justices with one of "theirs". Better to skip 5 years and work up a case that asks the question "does 2A's 'shall not be infringed' mean a person (who can legally own a handgun) can carry a loaded handgun in public places for the purpose of self defense?" or similar.

  5. #19
    Senior Member Array tmoore912's Avatar
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    Quote Originally Posted by Anubis View Post
    Yes, I've read that also. Heller established that 2A is a federally recognized individual right, then McDonald established that 2A applies to state and local governments, etc.

    Remember these were both 5-4 decisions. Because this is a long-drawn-out strategy, it gives the president a lengthy opportunity to replace one of "our" SCOTUS Justices with one of "theirs". Better to skip 5 years and work up a case that asks the question "does 2A's 'shall not be infringed' mean a person (who can legally own a handgun) can carry a loaded handgun in public places for the purpose of self defense?" or similar.
    You should contact Gura, and tell him to get his act together.
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  6. #20
    Ex Member Array detective's Avatar
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    Heller and Scotus are about gov. making it impossible to use a gun - especially for self-protection- and that is now Unconstitutional . Since NYC does allow permits - though few, it would be a tough case.

  7. #21
    Distinguished Member Array kelcarry's Avatar
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    Just remember folks that in NYC if you are caught with a firearm AND a king size glass of sugary soda AND a chocolate chip cookie, you will spend the rest of your life in prison
    Signed: Mayor Bloomberg

  8. #22
    Senior Member Array tmoore912's Avatar
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    it is disingenuous for the court to claim that a Georgia law..............

    Federal Court of Appeals Misstates Georgia History to Subvert Second Amendment - Atlanta gun rights | Examiner.com

    A good article written by Ed Stone, Past President and still Board Member of GeorgiaCarry.org.

    The Second Circuit Court of Appeals has handed a defeat to prominent constitutional attorney Alan Gura, who was challenging New York's requirement that applicants for a license to carry demonstrate a special need for the license. The court opinion (which can be read in its entirety here) finds that outside the home, in public, the right to bear arms is subject to intermediate scrutiny, and New York's denial of licenses to persons who cannot demonstrate a particular, immediate threat to their lives and safety is a reasonable restriction that is substantially related to a compelling government interest. The court gave two examples by analogy of conduct that is constitutionally protected inside the home but not permitted outside the home, possession of obscene materials and homosexual sodomy, which gives you some idea of the distaste with which these particular three federal appellate judges on this panel view the act of carrying a weapon in public.
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