I have previously written how New York has been the gift that keeps on giving for the National Rifle Association and other gun rights groups. The state legislature continues to crank out flagrantly unconstitutional gun control laws to please its political base, but the result is to further expand gun rights with a litany of court losses. The latest is a ruling by the United States Court of Appeals for the Second Circuit striking down key provisions of the law passed after the Bruen decision.
I previously wrote about the latest New York gun law passed after the Court’s ruling in New York State Rifle and Pistol Association v. Bruen and how it follows a long line of legally flawed legislative measures in the area.
New York Democratic Gov. Kathy Hochul promised such legislation within an hour of the release of Bruen. The Concealed Carry Improvement Act passed 43-20. While I noted that the law “has some elements likely to pass constitutional muster,” it followed the same pattern of past laws in creating an easy target for gun rights advocates.
What is striking about this latest court loss is that the Second Circuit has long been one of the most supportive courts for gun control advocates. It has also been repeatedly overturned in its decisions.
It blocked three provisions of New York’s “Concealed Carry Improvement Act” (CCIA) in a massive 261-page ruling (below). It struck down the provision discussed previously where New York required gun owners to disclose their social media accounts when applying for a concealed carry permit.
The court also rejected restrictions on carrying firearms on private property that is accessible to the public, as well as a restriction on concealed carry in houses of worship.
The Second Circuit, however, let stand the requirement that permit holders show “good moral character’ and that they reveal household and family members on a permit application. It also allows bans on possessing guns in a long list of sensitive places.
Some of those provisions are highly questionable either in their scope or the vagueness of the language in my view. Hochul made clear that the state was attempting to effectively ban guns by effectively declaring most of a given city a “sensitive place.”
The result is that this could well go again before the Supreme Court either in an appeal from New York or the plaintiffs. Once again, a public interest lawyer would think twice before appealing the ruling for New York. However, the state has previously shown little judgment in making such decisions. It has continued to double down on bad hands — a move that appeals to New York voters but undermines gun control efforts.
Here is the opinion: Second Circuit Decision
Hard blue states purposely crank out anti Constitutional legislation for a few reasons but they know in the time period before their law is struck down the populace is intimidated and the intent of the law is incorporated into common law and stays there long after if not permanently.
The left doesn’t care about anything other than the effect of what they do.
I haven’t been able to sleep lately. I have my trusty watch dog sleeping at the foot of my bed. I have my rifle at the ready incase a burglar should break in. I’ve been in a quandary about my sleep lately even after I know my security is in place. I’ve finally figured it out. I am waking up several times a night in gleeful giggling about mayor Adams of New York city saying that illegal immigration is out of control in the city and policing and garbage collection will have to be cut to cover the cost of housing and feeding the sanctuary seekers sent to him by the Democratic bleeding hearts in Washington. The Mayor said he went to Washington D.C. to discuss the situation and upon his return he was not satisfied with what the leader of his party had to say about the people of New York having to foot the bill. The giggling in my sleep has got to stop before I don’t get any sleep at all. Every time just before I wake up I hear a voice saying. “They got what they asked for.”
Regardless of a person’s stance on gun control, at what point is Gov. Hochul, the state legislature and the NY AG guilty of legislative malpractice? These are not dumb people. They pass laws knowing full well a good portion of the laws don’t pass judicial muster.
We call this a “Hit and Run” in California. They routinely create unconstitutional laws. They get all the media fan fare and a couple of years to beat on their enemies, then it gets overturned.
Politicians who believe the end justifies the means are gaming the glacial pace of our legal system for political points.
@Chuckiechan
This is their plan of a thousand cuts.
They know it will take ~2+ yrs to get this in front of SCOTUS.
-G
@Ruben,
They have qualified immunity.
They know it and will continue to pass laws that they will feign ignorance until SCOTUS shuts them down.
NYC passed a law, then when it got to SCOTUS they repealed it. SCOTUS still went after them.
-G
Did you say, “Flagrantly unconstitutional?”
The entire communistic American welfare state is unconstitutional including, but not limited to, affirmative action, quotas, welfare, food stamps, minimum wage, rent control, social services, forced busing, public housing, utility subsidies, WIC, SNAP, TANF, HAMP, HARP, TARP, Depts of Agriculture, Commerce, Education, Labor, Energy, HHS, HUD, EPA, Obamacare, Social Security, Social Security Disability, Social Security Supplemental Income, Medicare, Medicaid, “Fair Housing” laws, “Non-Discrimination” laws, etc.
Article 1, Section 8, provides Congress the power to tax ONLY for debt, defense, and “…general (all, the whole) Welfare…,” omitting and, thereby, excluding any power to tax for individual Welfare, specific Welfare, particular Welfare, favor or charity. The same article enumerates and provides Congress the power to regulate ONLY the value of money, commerce with foreign nations, among the States, and with Indian tribes, and land and naval Forces. Additionally, the 5th Amendment right to private property was initially qualified (i.e. requiring compensation for property taken) by the Framers and is, therefore, absolute, allowing no further qualification, and allowing ONLY the owner the power to “claim and exercise” dominion over private property.
Regulation must be done internally by private industries, primarily to protect industries from adverse litigation and potential insolvency.
Government exists, under the Constitution and Bill of Rights, to provide maximal freedom to individuals while government is severely limited and restricted to merely facilitating that maximal freedom of individuals through the provision of security and infrastructure only.
______________________________________________________________________________________
“[Private property is] that dominion which one man claims and exercises over the external things of the world, in exclusion of every other individual.”
– James Madison
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Article 1, Section 8
The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defense and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;
To borrow Money on the credit of the United States;
To regulate Commerce with foreign Nations, and among the several states, and with the Indian Tribes;
To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;
To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;
To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;
To establish Post Offices and post Roads;
To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;
To constitute Tribunals inferior to the supreme Court;
To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations;
To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;
To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;
To provide and maintain a Navy;
To make Rules for the Government and Regulation of the land and naval Forces;
To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;
To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;
To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings;—And
To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.
“WE WILL STOP HIM”
JFK
MLK
RFK
RMN
DJT
The Global Communist Deep Deep State “Swamp” Regime stopped them all.
When do Americans get their constitutional freedoms back?
When is death not death?
When it is done by vehicles.
The MSM feverishly reports a couple of dozen annual gun deaths.
The MSM never or rarely reports 43,000 highway deaths per year.
The MSM is fulfilling its brainwashing, propagandization, and indoctrination duty on orders from its superior headquarters, the Global Communist Deep Deep State “Swamp” Regime.
The Global Communist Deep Deep State “Swamp” Regime is deathly afraid of an armed populace from which it has insidiously confiscated all constitutional rights, freedoms, privileges, and immunities.
Good moral character? I know of three university presidents who displayed their “good moral character,” recently. The U of Penn, her “good moral character,” cost the university $100M and sent the university board into an “emergency” meeting. That is some “good moral character,” right there.
What does household family members have to do with anything?
If you compare square feet of red republicans/conservatives occupying the land of NY State vs square feet of blue urban cesspools in NY State, the reds would win hands down. Unfortunately the millions of parasites inhabiting the blue cesspools outnumber us and control the entire state. At this point, with everything dissolving around them in so many ways, we will follow that adage “when your enemy is digging a hole, don’t stop him” and allow the prog/left to destroy the state and themselves then we will pick up the pieces and rebuild a once great state.
When I was a kid, the Commies were the reds. Leave it to MSM to turn the political spectrum upside down.
That’s not an option, waiting for them to fail is like waiting for the cock roaches to go away. They only spread out & spread their infectious disease. We are in this position now because of waiting & having the mind set “live & let live”. This is not the democrats credo, they believe you can live if only you agree with them motto. Removing them from places of power is the only way to save our constitutional republic. There should be a mental acuity test everyone should be required to take before they get a job. I had to take one just to be in sales, these people should have to take several to be anywhere near children/young adults or in places of power, e.g.,, congress, police, healthcare.
I totally agree. There is no “coexisting” with them, they are like cockroaches that infested our culture and must be removed at all costs. I lived in a high rise condo on lower J street in Brooklyn for a while where the one room plus kitchen/bath was going for $400,000.00 and it was filled with cockroaches and the Terminex man told me that no matter what I did, they were living within the walls of the entire building and they would need to “tent” the entire building to kill them all. I am afraid we are at that point in our nation. There is no accommodating them, they are a poison to western culture and a plague on humanity while, in their mind, they are saving the world. Like all religious fanatics, they will die before giving up.
I feel that this is a totally inadequate decision. Basically it says that the 2nd Court of Appeals does not agree with the Bruen decision and it is trying to limit its scope. Good moral character, like Joe Biden or Hunter Biden or Bob Menedez or Joe the bartender, who has had an occasional traffic violation but is in constant fear that someone will enter his bar and shoot him. Good moral character like the Presidents of Ivy League universities who cannot identify a genocidal attack right in front of their faces. The good moral character statement has been used to eliminate people who had a speeding ticket. The Supreme Court may have to drop back in history and act like some of the courts in the 1950’s and 1960’s who virtually had to write the law on de-segregation and busing because of the people who consistently resisted those efforts to end segregation. Also just another reason to leave the morally bankrupt state of New York, and the city who now wants to charge you $15 for driving downtown. I understand the even New Jersey objects to that rule and is preparing litigation.
Is New York a moral state. Maybe that is the greater question.
I will give up my guns when the politicians give up their armed security
“The Second Circuit, however, let stand the requirement that permit holders show “good moral character’ and that they reveal household and family members on a permit application.”
And who gets to define “good moral character? Furthermore, I don’t see how people with arguably “not so good moral character” (as decided by government?) can be denied their constitutional rights. The whole thing about listing family members seems unconstitutional as well.
What percentage of crime is committed by permitted CCW holders? It doesn’t even need to be a crime involving a gun.
We ALL know this law will not stop a single person who wants to kill others from killing others. The ONLY people who will comply are people already inclined NOT to kill others.
In other words, it is nothing more than an exercise in social control with no corresponding social benefit.
Now be a good little pet and comply with the commands of your Demoncrat masters.
Ya’ll be nice now….New York is being very helpful to all of us that believe in the ability to defend ourselves against the criminals among us that are being protected and encouraged by the Democrat Agenda.
The sad situation today is very simple…..the Police are very good at taking Reports of Crime and investigating some of them….and Prosecutors do only few prosecutions and the Judges are not putting criminals away for long….and the corrections system rarely holds them at all…..and the violent offender is right back out on the street to continue harming innocent folk.
As Colonel Jeff Cooper tells it…..
“If violent crime is to be curbed, it is only the intended victim who can do it. The felon does not fear the police, and he fears neither judge nor jury. Therefore what he must be taught to fear is his victim.”.
Every potential victim should be prepared and ready to explain the FAFO matrix to would be violent felons.
“they reveal household and family members”
Data mining for the panopticon, I suspect.
I had a car insurance company try to get all my family members into their database–not just those who would actually be driving. Handing over that information was voluntary, but still! No good reason as far as I could tell for them to data-mine my family.
The prescience of the founding fathers is absolutely amazing. They full well knowing that human nature doesn’t change and dealing with a totalitarian British government as a colony, put the right to bear arms in our founding documents. Today, current totalitarians want to take those rights away.
I believe any law-abiding US citizen should be able to own and carry any firearm that the US government can use against its own citizens.
“continues to crank out flagrantly unconstitutional gun control laws”, in the meantime releasing those committing crimes because of the lie known as systemic racism and social justice?
Politicos and DA’s competing in the Woke Olympiad will persist in their efforts to prohibit the carrying of firearms for self-protection while giving the SPOS’m of the world free reign to prey on the law abiding citizenry either by threat of bodily harm, or theft of property either personal or otherwise. It’s time for the citizenry to wake up, smell the burnt coffee and vote this garbage into the landfill of history.
The constitution is a suggestion to these people. They must also think a red light and the lines on the road are suggestions when they drive.
False equivalency.
How so? Are laws not to be followed according to whether one wants to?
I could see false equivalency, perhaps, in that the possession of firearms is a guaranty in what is the supreme law of the United States, and it doesn’t mention cars or driving at all.