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  1. #1
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    New York concealed carry laws challenged in court

    About time!
    New York concealed carry laws challenged in court

    By Chris Eger
    Guns.com
    February 5th. 2018

    A man denied a concealed carry permit and a Second Amendment group he is a member of filed a federal lawsuit last week arguing New York’s licensing scheme is unconstitutional.

    Refused a permit was Robert Nash, who joined with the New York State Rifle and Pistol Association — the NRA’s state affiliate — in filing a legal challenge against the state’s pistol permit laws and practice. Named as defendants in the suit are State Police Superintendent George Beech and state Supreme Court Justice Richard McNally, the latter of which refused to issue Nash a permit because, while the man passed the needed background checks, he could not show a “special need” to carry a firearm in public.

    “New York’s law claims to be a licensing scheme, but because licenses are only granted to a tiny percentage of New York citizens who can demonstrate they face an immediate, specific threat, in practical effect the law operates for most New Yorkers as a flat ban on carrying firearms for self-defense,” said Tom King, NYSRPA president.

  2. #2
    MGO Member Roundballer's Avatar
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    Didn't the same "he could not show a “special need” to carry a firearm in public" crap in another State just get struck last year?


    Life Member, NRA, Lapeer County Sportsmen's Club Disclaimer: I Am Not A Lawyer. Opinions expressed are not representative of any organization to which I may belong, and are solely mine. Any natural person or legal entity reading this post accepts all responsibility for any actions undertaken by that person or entity, based upon what they perceived was contained in this post, and shall hold harmless this poster, his antecedents, and descendants, in perpetuity.

  3. #3
    Looks like a second attempt at Kachalsky.

  4. #4
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    Quote Originally Posted by Roundballer View Post
    Didn't the same "he could not show a “special need” to carry a firearm in public" crap in another State just get struck last year?
    I dunno, but SCotUS passed on hearing the Peruta case, which was the same sort of issue. 9th circuit held that california could demand applicants demonstrate a "good cause" to get a concealed carry license.
    That's the case that got Thomas to write some blisteringly impressive things about the courts treating the 2A as a 2nd class right, and that there's no use waiting for another case when there are so many conflicting decisions from states and districts. And that the 2A obviously means that "bearing" was intended to protect carrying guns outside the home in a ready condition.
    for a guy that doesn't talk much... he writes some good stuff.
    DISCLAIMER: Disclaimer. The opinions expressed in this post are those of the author, DrScaryGuy. They do not purport to reflect the opinions or views of MGO, its board of directors, or its members.

  5. #5
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    If I had won the $500,000,000 lottery, I planned to make a hobby of going around the US and challenging these rules.
    I would have had the time and deep pockets to hire the best to fight these injustices.
    Would have been fun.
    Since I'm poor, I will have to sit back and hope for the best.

  6. #6
    The problem is that the votes aren’t there on SCOTUS. The 2nd circuit is hostile to 2A rights and they have been consistently vicious for decades. Unless Trump replaces one of the 4 democrat justices we won’t get a ruling.

    While we may have 5 votes favorable to us, apparently it’s not 5 votes for the actual right. We’d probably get some weak ruling where states can charge $700 a year for a license and just about everywhere is off limits which is “reasonable.”

    I think the reason a carry case hasn’t been heard is because no one would like the outcome. The gun grabbers would be upset at a pro-carry ruling and those on the side of freedom would be upset at how much of the restrictions would be upheld.

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