Of Arms and the Law

Navigation
About Me
Contact Me
Archives
XML Feed
Home


Law Review Articles
Firearm Owner's Protection Act
Armed Citizens, Citizen Armies
2nd Amendment & Historiography
The Lecture Notes of St. George Tucker
Original Popular Understanding of the 14th Amendment
Originalism and its Tools


2nd Amendment Discussions

1982 Senate Judiciary Comm. Report
2004 Dept of Justice Report
US v. Emerson (5th Cir. 2001)

Click here to join the NRA (or renew your membership) online! Special discount: annual membership $25 (reg. $35) for a great magazine and benefits.

Recommended Websites
Ammo.com, deals on ammunition
Scopesfield: rifle scope guide
Ohioans for Concealed Carry
Clean Up ATF (heartburn for headquarters)
Concealed Carry Today
Knives Infinity, blades of all types
Buckeye Firearms Association
NFA Owners' Association
Leatherman Multi-tools And Knives
The Nuge Board
Dave Kopel
Steve Halbrook
Gunblog community
Dave Hardy
Bardwell's NFA Page
2nd Amendment Documentary
Clayton Cramer
Constitutional Classics
Law Reviews
NRA news online
Sporting Outdoors blog
Blogroll
Instapundit
Upland Feathers
Instapunk
Volokh Conspiracy
Alphecca
Gun Rights
Gun Trust Lawyer NFA blog
The Big Bore Chronicles
Good for the Country
Knife Rights.org
Geeks with Guns
Hugh Hewitt
How Appealing
Moorewatch
Moorelies
The Price of Liberty
Search
Email Subscription
Enter your email address:

Delivered by FeedBurner

 

Credits
Powered by Movable Type 6.8.7
Site Design by Sekimori

« Former PM Abe assassinated with homemade gun | Main | New York store owner defends self with knife, is charged with homicide »

New York's "Massive Resistance" to NYSRPA

Posted by David Hardy · 10 July 2022 12:12 PM

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."

3 Comments | Leave a comment

Skinnedknuckles | July 10, 2022 2:52 PM | Reply

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?

1963 Alabama meets 2022 New York | July 10, 2022 6:39 PM | Reply

Gun-control today, gun-control tomorrow, gun-control forever!!

pigpen51 | July 10, 2022 10:48 PM | Reply

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.

Leave a comment