flyangler

CIVIL RIGHTS UPDATE: Judge Blocks NYS’s Private Property Gun Ban, Again

Rate this topic

12 posts in this topic

Posted (edited)

Remember after Bruen when NYS Dems thought they were so smart passing another set of gun restrictions in a Bronx Salute to the SCOTUS? 
 

Well, here we go again.

Dan Zimmerman of TTAG: 

 

Again: Judge Blocks New York’s Private Property Gun Ban

From the Second Amendment Foundation . . .

 

A federal judge in western New York has granted a preliminary injunction against enforcement of the “private property exclusion” tenet of the state’s new gun control law, calling it unconstitutional.

 

The case, known as Christian et. al. v. Nigrelli, et. al., was brought by the Second Amendment Foundation and Firearms Policy Coalition on behalf of Brett Christian, a private citizen. U.S. District Court Judge John L. Sinatra, Jr. with the U.S. District Court in Buffalo handed down the 27-page ruling.

 

Noting that the private property exclusion “makes it a felony for a license holder to possess a firearm on all private property, unless the relevant property holders actually permit such possession with a sign or by express consent,” Judge Sinatra noted, “Regulation in this area is permissible only if the government demonstrates that the current enactment is consistent with the Nation’s historical tradition of sufficiently analogous regulations…New York fails that test.”

 

Judge Sinatra added, “Property owners indeed have the right to exclude. But the state may not unilaterally exercise that right and, thereby, interfere with the Second Amendment rights of law-abiding citizens who seek to carry for self-defense outside of their own homes.”

 

SAF Founder and Executive Vice President Alan M. Gottlieb was delighted with the ruling, which was issued late Tuesday afternoon.

 

“New York’s efforts to dance around the Supreme Court’s Bruen decision have become a painful exercise in legal acrobatics, which it seems obvious the courts can see through,” Gottlieb observed. “This case illustrates the ridiculous lengths to which lawmakers in Albany have tried to go in their efforts to get around the letter and spirit of the high court ruling.”

 

“Having New York’s unconstitutionally sound law enjoined is a win for the public,” said SAF’s Executive Director Adam Kraut. “New York’s effort to restrict the public’s right to carry arms, through its imposition of outlandish requirements that have no roots in our country’s history and tradition, is a sign of how far its legislature is willing to go when it comes to depriving individuals of their constitutional rights. SAF looks forward to continuing to vindicate the rights of its members and the public.”

 

Judge Sinatra noted in his decision that Christian “is likely to succeed on the merits of his Second and Fourteenth Amendment claims…New York’s new private property exclusion violates the right of individuals to keep and bear arms for self-defense outside their homes.”

Edited by flyangler

Share this post


Link to post
Share on other sites

Hochul is a nimrod and Democrats in NY don’t actually care about gun violence.  What they care about is selling gun restrictions to leftist morons as a cure for a problem they‘ve  created by other means.

Share this post


Link to post
Share on other sites

IDK, I like gun free zones, it kinds reminds me of hunting in the Zoo, it’s easy when ya know the animals are all in one place and have no way of fighting back.

.

.

.

.

 

Stupid sounding I know but there you have it.  Why the left has such a hard time understanding something so easy is mind boggling.

Share this post


Link to post
Share on other sites
23 hours ago, Cayotica said:

IDK, I like gun free zones, it kinds reminds me of hunting in the Zoo, it’s easy when ya know the animals are all in one place and have no way of fighting back.

 

and when the animals have the freedom to attack you but you aren't allow a weapon of self defense enshrined in the constitution. ?

Share this post


Link to post
Share on other sites
9 hours ago, jonesg said:

and when the animals have the freedom to attack you but you aren't allow a weapon of self defense enshrined in the constitution. ?

Then the hunting isn’t so fun is it?

 

not so sure what point you were trying to make but a gun free zone not protected by armed guards is an open invitation to come in and kill as many as you like.  People are animals and no matter how civilized we want to pretend we are, we still are the deadliest beast on this planet. 

Share this post


Link to post
Share on other sites

Handgun owners carrying daily in US doubled in 4 years; self-protection cited as main reason: study

The number of respondents to the online survey who said they had carried a gun in the last month also nearly doubled from 9 million in 2015 to 16 million today 

Twice the number of Americans were carrying handguns daily in 2019 compared to 2015, according to a new study published this month. 

 

Around 6,000 gun owners carried handguns every day in 2019, up from 3,000 in 2015, according to a study from the American Journal of Public Health published on Nov. 16.

 

The number of respondents to the online survey who said they had carried a gun in the last month also nearly doubled from 9 million to 16 million since 2015.

 

The study focuses solely on owners carrying a handgun on their person, not in their car. 
 

The upward trend found in the study comes as states loosen restrictions for carrying a handgun and more gun owners cite protection as a top concern. 

 

A U.S. Supreme Court case last June also overturned strict gun carrying laws in New York. 

The authors wrote, "This ruling could further catalyze the loosening of firearm-carrying regulations in different parts of the country at a time when, as our study indicates, trends in handgun carrying already point to more US adults carrying loaded handguns in public places, including without a permit when a permit is required." 

 

The study’s lead authors were Ali Rowhani-Rahbar, an epidemiology professor at the University of Washington; Amy Gallagher of the University of Washington; Deborah Azrael of the Harvard Injury Control Research Center; and Matthew Miller from Northeastern University, and the Harvard Injury Control Research Center. 
 

The authors added, "Little is known about the frequency and features of firearm carrying among adult handgun owners in the United States. In fact, over the past 30 years, only a few peer-reviewed national surveys, conducted in 1994, 1995, 1996, and 2015, have provided even the most basic information about firearm carrying frequency."

 

In 1994, the percentage of gun owners who said their main reason for having a firearm was protection was 46%, by 2015 it went up to 64% and spiked to 73% by 2019. In 2021, it was 83%. 
 

Only one state allowed permit less handgun carry in 1990 but by 2021 it had increased to 21 states, according to the study. 

 

Share this post


Link to post
Share on other sites

so are people buying guns in NYC yet ?

The bad guys have theirs already.

I'm waiting for a Bernard Goetz event in the subway.

it would make 'them' stop and consider first.

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to register here in order to participate.

Create an account

Sign up for a new account in our community. It's easy!


Register a new account

Sign in

Already have an account? Sign in here.


Sign In Now

  • Recently Browsing   0 members

    No registered users viewing this page.