NY 2A Defendant Admits to US Federal Appeals Court that New Gun Law Violates 2A
BY Herschel Smith
1 year, 8 months ago
Yes, it’s only one down, and many more to go. But it has to throw a wet blanket on the rest of them for one of the AGs to say in writing that their own laws violate the 2A.
The Supreme Court has made clear that individuals have the right to carry handguns publicly for self-defense. (J.A. 36). As noted by the district court, “New York’s exclusion is valid only if the State ‘affirmatively prove[s]’ that the restriction is part of the Nation’s historical tradition of firearm regulation.” (J.A. 36 citing Bruen, 142 S.Ct. at 2127). Since the Second Amendment is the very product of an interest balancing, already conducted by “the People,” which “elevates above all other interests the right of law-abiding, responsible citizens to use arms for selfdefense”, the Court constructed a rigorous test in determining whether this restriction is part of the Nation’s historical tradition of firearm regulation. Id. at 1231 citing Heller, 554 U.S. at 635.
Despite this long-standing tradition, New York’s new exclusion is in direct conflict with the Supreme Court’s decision in Bruen …
So admitted and confessed by one of the defendants.
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On February 28, 2023 at 12:03 pm, MntnMole said:
Leftists and criminals (same/same) don’t care about laws. They view the law as something to get around to meet their goals, or as weapons to use against their enemies. It’s interesting that, as opposed to most of the Soros-owned DAs and AGs, Seaman decided to have the court order him to not prosecute anyone for the unconstitutional law instead of simply announcing he won’t enforce it. So it sounds like he takes his oath seriously.
On February 28, 2023 at 6:47 pm, T said:
I find it ironic that NYS which does not respect morality, demands character references for pistol permit applicants. Locally, your references have to be in your county. What if you move for any reason? F*ck my state..