NYS gun laws and the Supreme Court

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So the Supreme Court rules that NYS’ famous ‘gotta show a good reason’ clause for carry permits is unconstitutional. For those of us from NY, the answer as to what they will do is obvious – they’ll make the process so onerous that it will be a de facto ban. They’ll require ‘training’ from .gov-approved instructors and then simply not approve any instructors, they’ll raise the fees and prices into the stratosphere, they’ll put so many hoops, hurdles, and obstacles in the way that it may as well be ‘business as usual’ as it was before the decision.

But, take your victories where you can. Especially nowadays.

33 thoughts on “NYS gun laws and the Supreme Court”

  1. Take ‘wins’ where you find them, brother. Probably won’t fundamentally change anything, but it’s a solid precedent.

    I live in a free state (Maine) with LOTS of visitors from dumpster-fires like NY & Connecticut, etc, but it’s still a ‘win’.

  2. The mayor already said he will not obey the judgement. He’s above the law.

  3. All these leftist politicians took an oath to defend and uphold the Constitution
    So, the SCOTUS up holds it and they are having a meltdown.
    I like it!

  4. the wicked witch vowed to ignore and/or circumvent the decision, like she was promising to save the children instead of promising to violate the rights of law abiding citizens. and many in ny will applaud her. sad.

  5. One thing Bruen does is lay a solid foundation for federal lawsuits RE: denial of civil rights should a government decide to “ignore by obfuscation and complication.” Which is what Washington, D.C. did and lost twice on the issue.

    Those federal lawsuits could result in not just judicially-mandated correction but also compensatory and punitive damages; probably not monetary, but compensatory could extend to “make permits free and quick” and punitive could extend to federal jail time, per 18 USC 242: Deprivation of rights under color of law.

    There’s no way recovering and re-establishing individual rights in the United States will not be a long(er) slog, at least until much of government at both federal and state levels is “restructured” to be more supportive of the inalienable rights American citizens [are supposed to] enjoy.

    Now, how that restructuring is to take place, I’ll leave that as a topic for discussion, but I’ve got a couple ideas…….

  6. This is applicable to those very few states that roadblock citizens in obtaining concealed carry permits, and as commander relates, there is so many steps and costs involved it is an onerous process just to get .gov permission for an inalienable right in the first instance. The senate bill just laid out more tanglefoot wire type regulations that affects many more citizens nationwide. Redflagging will become a malicious tactic exercised by Karen types and giddily enforced by statist entities. Stop it with those cult like blue line stickers and flags, unless one is badged themselves you are just a sheep to be managed by those sheepdog heros. Become an even more hermit, and avoid people generally, as any inevitable conflict contacts with other citizenry or relations will be inflated into a red flagging doxxing operation out of spite. (Swatting examples, anyone, bueller, bueller?) (Divorce raped with a protective order for kid custody by an ex, blocking a n.i.c.s. check?) Those everyday officer friendly types will be directed into action by the .gov bureaus that exist solely to control those sheep. Plan accordingly, and stay frosty.

  7. DC has been thumbing it’s nose at the Supreme Court since Heller , They just make it as hard as possible so people just give up . I can see MD and HI doing the same thing , I had a friend I took the train to work with me that was from HI and going to retire there , So he called to find out when they do the LEOSA Permits for the retired LEO’s They told him they don’t . Well he got a Lawyer and beat them up so bad in court they do them now , No one else in the State can get one . I asked about getting one one when I lived there 25 years ago and they told me they only ever issued one and it was to the clerk in the office that handled them , he just issued it to his self and when the Police Chef found out he took it away and fired him.

    • DC got spanked by the courts post-Heller, as did Chicago post-McDonald, when they tried to block implementation of the SCOTUS decisions. DC had to choke down ‘shall issue’ concealed carry permits even —- in no small part because the anti-Second Amendment crew knew what would happen if it was appealed to the Supreme Court. By accepting DC shall-issue carry they managed to put off a SCOTUS decision for a few years, but now SCOTUS has delivered and their house of cards is going to crumble.

  8. CZ,
    This is coming from a fellow who lives in Southern California, but who, lo, these many years ago when looking for a new home, gave specific instructions to the real estate agent to not show him any property in Los Angeles Country.

    You admit that yoiu are a NY ex-pat. I have no problem with New Yorkers who live outside the urban sprawl that constitutes the NYC metropolitan area.

    For those who actually live in NYC, I have nothing but contempt. They continuously elect people like DiBlasio, AOC, Adams, and Nadler. Unon power calls most of the shots there. There really ought to be a penalty for living in NYC, just as there should be a penalty for living in Los Angeles County, and specifically in the the City of Los Angeles. For example, the County elected George Gascon, a wild-eyed liberal, as its District Attorney. He told voters what he was about, and they elected him anyway.

    Now, it is only fitting that Los Angelenos should bear the consequences for doing so. So it should be with NYC residents and their liberal politicians and social policies. Let them stew in their own juices. “People deserve the politicians they elect.”

    • There is, in fact, a penalty for living in New York: you live in New York.

    • You are making an assumption that should now be called into question. You assume that they did in fact vote for those people.

      I used to think the same and use it as a reason to wash my hands of the whole thing, but I’m no longer certain that it is true. Or that it has been true in the last 2 or 3 decades.

      n

      • This is a fantastic point. I keep hearing elections have consequences but when its a stolen election where noone truly voted for the people in charge its pure bullshit to say such nonsense.

    • The penalties for living in NYC are many fold. Number 1? The TAXES! Add-on the crime, noise, dirt, traffic, lack of parking (you should only know how bad THAT is even in the outer boroughs!)

      I had a NYC pistol license (not for carry). Now I live in a state where no license is required to carry concealed. It also doesn’t have income or sales tax.

  9. NY lawmakers have already started saying they’ll pass legislation making WHOLE CITIES special zones like schools not allowing any carry at all. The state AG already said “Nothing will change”. They intend to literally ignore the ruling.

    • And that plan will go precisely nowhere. Read Justice Thomas’ decision: he explicitly states that such over-reach is unConstitutional.

  10. I like Vermont’s laws, carry a gun whenever you want and if you’re an idiot with it you will go to jail.

  11. I hope the NY creatures do as you predict. It will prompt more challenges which will probably end with constitutional carry.

  12. While many states will try to continue with ‘business as usual’, many more will be inspired to see how far this ruling can be taken. The same is true of 2nd Amendment advocacy organizations. Maybe even the NRA. FPC, GOA, whoever else. Got any spare cash? Send it to one of them. Still live in a blue state? I do. Maybe we have a chance fix things or at least undo some of the damage.
    America without the ATF sounds dreamy.

    • Want results, send it to the Second Amendment Foundation. Want to waste your money? Send it to GOA or FPC. They exist to issue shrill ‘the sky is falling’ fund-raising spam, but are not taken seriously by anyone in DC and have not actually done a thing to beat the gun-grabbers at either the polling place or in the courts.

  13. The really big lie in the bill is: “The bill goes after individuals who sell guns as primary sources of income but have previously evaded registering as federally licensed firearms dealers”.
    This what it really says: The planned redefinition of “engaged the business” would create millions of unwitting felons, if a private party intrastate gun sale turns a profit. Instead of more logically defining “engaged the business” as selling X number of guns per year, or making X Dollars of gross sales or X Dollars of profit per year, this legislation trades one vague definition for another one that would ensnare many casual sellers. Here is the key passage:

    SEC. 12002. DEFINING ‘‘ENGAGED IN THE BUSINESS’’
    Section 921(a) of title 18, United States Code, is amended—
    (1) in paragraph (21)(C), by striking ‘‘with the principal objective of livelihood and profit’’ and inserting ‘‘to predominantly earn a profit’’…

    This is horrible legislation that will ruin gun shows as we now know them, in 32 States. It will have any private party seller living in fear of a felony conviction if they make a profit selling even just a few guns!

    • It’s nothing more really than yet another (unConstitutionally vague) restatement of the ‘engaging in the business’ boiler plate of the Gun Control Act. Obama tried this with an Executive Order and nothing came of it then either.

  15. Hawaii historically used that method…the only way to get a CCW was to take a class offered by the state police (not 5-0) that offered one class a year (if that) and it was always filled with the friends of the governor.

    That was overturned, IIRC. Still difficult, but not impossible.

  16. I saw somewhere, and I tried to look it up in the actual opinion of the court but don’t have the time right now, but SCOTUS is a step ahead of New York and stated that places that can be “special zones must be narrowly defined, not whole cities”. Further, they also outlined that the permitting process could not be drawn out or priced unreasonably.

    https://www.supremecourt.gov/opinions/21pdf/20-843_7j80.pdf

  17. Alright, I found the section mentioning the drawn out process and price. I misread the first time. They just said they are not excluding being able to bring those things to court in Shall Issue schemes.

  18. I live in NY, upstate, far from NYC but not far enough. I’ll probably never be able to leave here: my family (generations before and after me) are here; I’ve lived here for all but 3 years of my life, and much as I’d like to I don’t realistically see myself moving. Yes I hate the taxes, the libs, the ridiculous laws, the winter, etc. But, I love the good people in my county which is red as all get out, the access to high quality healthcare (my doc thinks like me), and I’d put the Adirondack Mountain region up against any other mountain region in the country. I’m a retired cop so most of the gun stuff doesn’t directly affect me (I’ve got a LEOSA permit) but I contact my legislators every time some dumb ass law comes out. (No body armor? No way that survives court challenges.) One legislator agrees with me, one doesn’t. I’m loving this ruling. They can dick around with the rules all they want, in the end they’re going to lose. A couple punitive damages will end their charades. That’s assuming we can keep a conservative SCOTUS.
    Plus, I’m Catholic so this has been an enjoyable week of watching liberals wet themselves.

  19. It has been a very difficult several days for all liberals here in America. I was very sad to hear the lead singer of Greenday renounce his US Citizenship and was planning to go back to England. If anyone has contact with him please give him a message. This is not the first time our actions have made The English leave. Can I help you pack and I will give you a free ride to the airport! Adios and bye bye!

    • He isn’t English. He was born in Oakland, CA. The Bay Area really isn’t part of America anyway. We could save ourselves a lot of anguish by excising the San Francisco Bay area, Portland, Seattle and their surrounds from the United States. New York without NYC, Illinois without Chicago, Minnesota without Minneapolis. We could just stand back and watch them implode under the weight of their self-righteous wokeness. How glorious.

      • “The Big One” I’ve been hearing about for the last 50 years could solve all this in a day.

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