Beach vs Kelly NYC

Beach vs Kelly NYC

This is a discussion on Beach vs Kelly NYC within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; This is an old case but I thought it would be worth sharing if you are unfamiliar with it. Firearms Related: Second Amendment and Similar ...

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Thread: Beach vs Kelly NYC

  1. #1
    Senior Member Array mrreynolds's Avatar
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    Aug 2007
    New York, NY

    Beach vs Kelly NYC

    This is an old case but I thought it would be worth sharing if you are unfamiliar with it.

    Firearms Related: Second Amendment and Similar Claims

    Court upholds police commissioner's revocation of New York man's pistol license based on his transport of the handgun to Nevada for a gun convention, when the license only allowed the transport of the gun to authorized hunting areas, and to small arms ranges or shooting clubs. The court rejected the gun owner's argument that his actions were authorized by the Firearms Owners' Protection Act (FOPA), 18 U.S.C. Sec. 926A, allowing the transporting of guns for any lawful purpose between two locations where the gun could lawfully be possessed and carried. The FOPA did not apply because the license did not authorize the lawfully carrying of the gun on the trip to another state. Beach v. Kelly, No. 4012, 113372/06, 2008 N.Y. App. Div. Lexis 5675 (A.D. 1st Dept.).

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  2. #2
    VIP Member Array dukalmighty's Avatar
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    Feb 2008
    Another good reason not to live there
    "Outside of the killings, Washington has one of the lowest crime rates in the country,"
    --Mayor Marion Barry, Washington , DC .

  3. #3
    Senior Member Array boscobeans's Avatar
    Join Date
    Jul 2008
    upstate new york
    NYC stinks but he should have and did know better.....

    Petitioner held a premises residence pistol permit that had been suspended on two prior occasions for violation of the license terms.
    Moreover, petitioner testified at the administrative hearing that he had been informed by personnel of the License Division that he was not permitted to take his gun to Nevada without written permission from the Division. He chose to disregard this advice and follow his own interpretation of the law.

    Looks like One, Two, Three strikes and he's out.


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  5. #4
    Member Array GHFLRLTD's Avatar
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    Dec 2004
    Orlando, Florida

    McDonald v Chicago and Palmer V DC

    This will be a thing of the past, as soon as Gura takes his two victories in these cases to Bloombergville.

    Kelly will have some fun writing the new rules, after Sullivan et al bite the dust.
    George H. Foster
    Orlando, Florida

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