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New York's "Massive Resistance" to NYSRPA
An article in the Wall St. Journal, mostly behind the paywall.
"Gov. Hochul boasted shortly after the ruling came down that the state would do this, having had barely enough time to read it, much less digest its legal implications. This will probably turn out to be a legal mistake, since challengers to the new law will cite her comments as a sign that the state made no attempt to follow the Court's commands."
"Bruen doesn't define sensitive places with much specificity. But the majority's 6-3 opinion warns that "expanding the category of 'sensitive places' simply to all places of public congregation that are not isolated from law enforcement defines the category of 'sensitive places' far too broadly" and would "eviscerate the general right to publicly carry arms for self-defense."
"The new New York statute ignores this clear direction. It defines sensitive places to include airports, bars and restaurants that serve alcohol, courthouses, day-care facilities, playgrounds, parks, zoos, schools, entertainment venues, government buildings, houses of worship, libraries, public demonstrations and rallies, public transportation including subways and buses, and even Times Square.
The law also deems "no carry" as the default on private property unless declared permissible by the owners."
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Gun-control today, gun-control tomorrow, gun-control forever!!
I think that the SCOTUS sent it back to the lower courts, and also told them that strict scrutiny must be used. I don't know what power the SCOTUS has over NY, but they must have some power of censure over the court of appeals.
I certainly am not a lawyer, but I have been following this case for awhile now, since it directly affects me. And I still am following it, since I don't think that it is over yet. But thanks for blogging about it, and keeping an eye on it.
When the case if returned to the Appeals Court for "reconsideration", would the court take notice of what the state has done and will do to comply with the ruling? I seem to remember when Illinois had carry forced on them the court did give them some time to create a carry law since they had not, and I thought they did do some review of what the state came up with (and did some iteration) but I'm not sure. When does the reconsideration at the appeals level take place, as a practical matter?