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malaise

(268,994 posts)
Tue Apr 16, 2013, 05:38 PM Apr 2013

The Supreme Court on Monday let stand New York's strict gun control law

rejecting an appeal from a group of gun owners.

At issue was whether the Constitution's Second Amendment provided a broad individual right to carry a handgun outside the home for self-defense.

New York's Penal Law 265.03(03) bans possession of a firearm in public, either openly or concealed, unless someone can show "proper cause" to secure a carry permit. Such proper cause has to be more than just a law-abiding citizen's desire for self-defense.

Since the high court refused to intervene, the state law stays in place.

http://edition.cnn.com/2013/04/15/politics/scotus-new-york-gun-law/index.html?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+rss%2Fcnn_allpolitics+%28RSS%3A+Politics%29
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Fuck the NRA

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The Supreme Court on Monday let stand New York's strict gun control law (Original Post) malaise Apr 2013 OP
More here malaise Apr 2013 #1
Such a shame. The gun cultists were getting ready to have a big "gun parade" in NYC. Hoyt Apr 2013 #2
The tide is turning malaise Apr 2013 #3

malaise

(268,994 posts)
1. More here
Tue Apr 16, 2013, 05:46 PM
Apr 2013
http://www.jdjournal.com/2013/04/16/new-york-gun-law-case-refused-to-be-heard-by-supreme-court/
<snip>
The United States Supreme Court declined to hear a case that would partially determine whether the carrying of concealed weapons is a right granted by the constitution or something that can be decided at the state level. The issue of gun violence is a growing issue across America, and though the Supreme Court did not hear this particular case, several similar cases are coming up through lesser courts, and at least one of them is expected to be heard by the Court.

The New York Times reports that, on Monday, the Supreme Court justices turned down a case disputing a New York State law that requires those seeking permits for the carrying of concealed weapons in public to be able to demonstrate a special need for self-protection. The New York State law was upheld in the United States Court of Appeals for the Second Circuit. The justices gave no reason for declining to hear the case.

The case that was turned down by the Supreme Court was Kachalsky v. Cacace, and was brought to the courts by five New York residents that had been denied permits to carry handguns. The defendants in the case are four New York state judges who also serve as licensing officers.

New York State attorney general Eric T. Schniederman, who argued the case in the lower courts, released a statement on the case, saying “New York State has enacted sensible and effective regulations of concealed handguns, and this decision keeps those laws in place. This is a victory for families across New York who are rightly concerned about the scourge of gun violence that all too often plagues our communities.” In defending the New York State judges named in the case, Schniederman said that the “proper cause” provision in the New York law did not violate the Second Amendment as described by the Supreme Court.
 

Hoyt

(54,770 posts)
2. Such a shame. The gun cultists were getting ready to have a big "gun parade" in NYC.
Tue Apr 16, 2013, 06:05 PM
Apr 2013

Guess they'll have to go to a red state.


I know, the gun cultists have a bunch of cases lined up -- usually with NRA, and perhaps militia group, backing and funding -- to take to the Supreme Court to free America from restrictions on those who can't venture out without a gun strapped to their body or tucked discretely away in their underwear.
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