"U.S. Court Rejects Challenge to State's Concealed Gun Law"

"U.S. Court Rejects Challenge to State's Concealed Gun Law"

This is a discussion on "U.S. Court Rejects Challenge to State's Concealed Gun Law" within the The Second Amendment & Gun Legislation Discussion forums, part of the Related Topics category; A setback for NYS citizens seeking an unrestricted concealed carry license. Judge rules need to show proper cause (extraordinary danger) does not violate the 2nd ...

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Thread: "U.S. Court Rejects Challenge to State's Concealed Gun Law"

  1. #1
    Senior Member Array 2edgesword's Avatar
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    Westchester Case Dismissed

    A setback for NYS citizens seeking an unrestricted concealed carry license. Judge rules need to show proper cause (extraordinary danger) does not violate the 2nd amendment.

    "Although [petitioner] attempts to find succor in this dicta, it is clear that prohibition of firearms in the home was the gravamen of the certiorari questions in both Heller and McDonald and their answers. If the Supreme Court, in this dicta, meant its holding to extend beyond home possession, it will need to say so more plainly."

    http://www.longislandfirearms.com/bl...ision_3374.pdf
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    Member Array Gforty's Avatar
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    Quote Originally Posted by 2edgesword View Post
    A setback for NYS citizens seeking an unrestricted concealed carry license. Judge rules need to show proper cause (extraordinary danger) does not violate the 2nd amendment...


    http://www.longislandfirearms.com/bl...ision_3374.pdf
    Wonder what qualifies as "extraordinary danger"?

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    mkh
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    Distinguished Member Array mkh's Avatar
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    Wondering what the h3!! "dicta", "gravamen" and "certiorari" mean.

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    Quote Originally Posted by mkh View Post
    Wondering what the h3!! "dicta", "gravamen" and "certiorari" mean.
    They mean we need national reciprocity.
    If the Union is once severed, the line of separation will grow wider and wider, and the controversies which are now debated and settled in the halls of legislation will then be tried in fields of battle and determined by the sword.
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    Senior Member Array 2edgesword's Avatar
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    Quote Originally Posted by Gforty View Post
    Wonder what qualifies as "extraordinary danger"?
    You have to have evidence (I'm pretty sure they would have to be in the form of police reports that document credible threats) that your life is in danger above the dangers that exist for the average citizen.
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    Senior Member Array Chevy-SS's Avatar
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    Quote Originally Posted by 2edgesword View Post
    You have to have evidence (I'm pretty sure they would have to be in the form of police reports that document credible threats) that your life is in danger above the dangers that exist for the average citizen.
    In my state (Rhode Island) we pretty much have the same requirements. If you're a business owner carrying large amounts of cash, then you can likely get a permit. If you're just a 'regular' citizen, then you will likely be denied. A retired Marine Colonel at my gun club was refused a RI permit, even though he had been in charge of security at numerous bases around the globe.

    Meanwhile, a punk teenage gangbanger goes out and buys a piece and carries it immediately. It makes no sense.

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    Senior Member Array sdprof's Avatar
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    It makes no sense.

    There, you summed up the entire issue. Those who make the laws have no common sense any more, no sense of reality.
    ~~~~~
    The only common sense gun legislation was written about 224 years ago.

    I carry always not because I go places trouble is likely, but because trouble has a habit of not staying in its assigned zone.

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    VIP Member Array Hiram25's Avatar
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    Just living in NYC puts you at more risk than the average American citizen.
    Tzadik, RMS, jem102 and 1 others like this.
    Hiram25
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    I am known to carry large amounts of pocket change usually anywhere from 3 to 4 dollars in penneys and could be held up for my precious metals albeit not quite as pricey as gold,but they wouldn't know it beforehand
    "Outside of the killings, Washington has one of the lowest crime rates in the country,"
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    Distinguished Member Array tangoseal's Avatar
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    You choose to live where you choose to live. If NY State wants you to prove beyond a doubt that you are in exceptionally grave danger of your life then once again you choose to live in that place.

    You see in GA we just go to the court and walk out with a license if you are not a criminal. I feel everyday my life is in grave danger. You never know when a thug chooses you that day and you never see it coming half the time. So the requirement to prove you are in "exceptionally grave danger" is another out of control "LIBERAL" Micheal Moore style radical mentality to keep guns off the streets.

    Here's a challenge when you are applying in NY, ask the Judge or representative whom you speak with if they can provide a list of all the Criminals who have recently applied for a permit. I bet they will not be able to produce one and then have fun telling them you are in exceptional danger. Good luck.
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    New Member Array sartorious's Avatar
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    "U.S. Court Rejects Challenge to State's Concealed Gun Law"

    New Yorkers do not have a constitutional right to carry a concealed handgun in public, a federal judge ruled yesterday.

    U.S. Court Rejects Challenge to State's Concealed Gun Law

    Follow the link for the rest of the story.

    I did want to point out what I believe to be the worst offense of this decision without further commentary.


    The judge found 400.00(2)(f), which provides for the carrying of a concealed handgun, requires that applicants show an "actual and articulable" need to possess their weapons "rather than merely speculative, potential, or even specious" grounds for self-defense.

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    "As crafted, the statute seeks to limit the use of handguns to self-defensive purposes…rather than for some other use that has not been recognized as falling within the protections of the Second Amendment," Judge Seibel wrote
    Quoting Marin, Judge Seibel said, "The underlying activity of possessing or transporting an accessible and loaded weapon is itself dangerous and undesirable, regardless of the intent of the bearer since it may lead to the endangerment of public safety." Marin also held that transporting a loaded weapon on a public street "creates a volatile situation vulnerable to spontaneous lethal aggression in the event of road rage or any other disagreement or dispute."
    Mr. Bloomberg said the law is essential to both protect police officers and New Yorkers, "which can be done while respecting the Second Amendment
    More elitist doublespeak.

    The Federal Judges, the Governnor,the Mayor, NONE of them have any respect for the Second Amendment. In their twisted and distorted minds, there is no reason for carrying a gun.
    Their opinion that it is that the citizens of New York were ALLOWED to carry it will endanger the public and of course are not to be trusted. Carrying for your own personal protection...fugetaboutit....you aren't important enough.

    Its all a bunch of crap.
    I would rather stand against the cannons of the wicked than against the prayers of the righteous.


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    This was foreseeable from the wording of the Heller decision. It was carefully crafted to allow this result.
    If the Union is once severed, the line of separation will grow wider and wider, and the controversies which are now debated and settled in the halls of legislation will then be tried in fields of battle and determined by the sword.
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    New York City Mayor Michael Bloomberg similarly praised Judge Seibel for her ruling.
    "Common-sense restrictions like the one the court upheld today do nothing to infringe on the rights of law-abiding Americans, but are essential to fighting gun crime on our streets," he said in a statement
    Those people just dont get it.
    I would rather stand against the cannons of the wicked than against the prayers of the righteous.


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  15. #15
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    Quote Originally Posted by HotGuns View Post
    Those people just dont get it.
    Blame the Supremes. They actually had the opportunity while ruling on Heller to make it clear that the "keep and bear" phrase had two distinct but equally important parts. Instead they really emphasized the "keep" and said nothing to enhance the right to carry. I was afraid that would happen from the moment I read that Scalia and Cheney went bird hunting together in LA.

    The hunters are often a different bunch from the defensive carry folks. Many avid hunters recoil as much at the thought of concealed carry as the Brady people. I had a boss like that. He was always looking forward to the start of the season but he was afraid of handguns; and he had no qualms about stating that. I know a few other hunters who also would never consider arming themselves with a concealed handgun.
    If the Union is once severed, the line of separation will grow wider and wider, and the controversies which are now debated and settled in the halls of legislation will then be tried in fields of battle and determined by the sword.
    Andrew Jackson

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