Opinion By Jordan Stein
Editors Note; The case NYSRPA v. New York City is backed by the NRA in corrdination with the New York State Rifle & Pistol Association.
USA – (AmmoLand.com)- Gun Owners Foundation and Gun Owners of America have filed an amicus brief before the Supreme Court in NYSRPA v. New York City.
New York is known for its onerous gun control, like a so-called “assault weapon” ban and universal background checks. However, New York City ramps up the infringement of the Second Amendment to a whole new level.
Consider that to own a firearm in New York City, one must have a license from the police commissioner.
The city grants two types of gun licenses — one for “carry,” another for possessing a firearm on one’s “premises.” It is virtually impossible for the average citizen to obtain a “carry” license, as they are only given to the rich and influential. However, the “premises” license provides hardly any more relief.
If one obtained a “premises” license, he or she is prohibited from removing the handgun from the listed address, unless it is to take it to an “authorized” range or state “authorized” hunting location.
Clearly, beyond the many Second Amendment infringements, these policies create practical problems for honest gun owners. Consider that one with a “premises” license cannot even transport the firearm to a shooting event or a second home outside the city.
And when these regulations were challenged, the Carter-appointed judge upheld the restrictions, using mental gymnastics to claim that “nothing in the Second Amendment requires municipalities or states to allow citizens to transport their firearms.”
When this case was petitioned to the Supreme Court, Gun Owners of America and Gun Owners Foundation filed an amicus brief, urging America’s highest court to hear the case. And now for the first time since the almost decade-old Heller and McDonald decisions, the Supreme Court agreed to hear a Second Amendment case.
GOA and GOF are continuing to support this [NRA sponsored] case by submitting another amicus brief in the appeal to SCOTUS. In fact, the brief makes the case that the lower courts cannot continue to try to “balance” the right to keep and bear arms with alleged “public safety.”
As stated in the brief:
In deciding this case, [the Supreme] Court should not ask to what degree Second Amendment rights have been infringed, but rather whether they have been infringed at all. If they have, the Second Amendment makes the decision an easy one… [A]ny policy making or interest balancing that may be required has already been done — by the People — in their ratification of the Second Amendment. This Court’s task, then, is a simple one — to enforce that mandate from the People.
GOA and GOF are optimistic that this case will provide much-needed relief to New Yorkers and those “living behind enemies lines” in anti-gun states.
Jordan Stein is the Director of Communications for Gun Owners of America (GOA), a grassroots organization representing more than 2 million gun owners. He can be followed on Twitter at @jordankstein.
The Second Amendment is NOT a government “allowance” of a gun – it is a RIGHT to the CAPABILITY of American citizens being enabled, through ownership of EFFECTIVE firearms, to DEFEND THEIR FREEDOMS! All guns do not ENABLE THE CAPABILITY intended in the Second Amendment. Outlawing semi-automatic AR15 type rifles and standard full capacity magazines is NOT a “reasonable compromise” – IT IS THE ENDGAME! It is the difference between an effectively armed citizenry that possesses the capability to defend it’s freedoms – and a citizenry restricted by law to low capacity sporting arms that NO LONGER possesses the capability… Read more »
In Australia there is no Second Amendment – politicians are free to outlaw classes of firearms that they label “ASSAULT WEAPONS” which is any and every firearm and standard full capacity magazine that they deem to be “TOO DANGEROUS” for citizen ownership. In the USA we have a constitutional right – THE RIGHT OF THE PEOPLE TO KEEP AND BEAR ARMS SHALL NOT BE INFRINGED. IT IS THE LAW OF THE LAND! – It means that politicians are free to outlaw classes of firearms that they label “ASSAULT WEAPONS” which is any and every firearm and standard full capacity magazine… Read more »
Ahhh. The GOA
The No Compromise, less corrupt, and more honest option to the NRA. Way to go again, keep it up guys!
Love the smell of freedom,
Very glad I joined the GOA
The Federal Courts and Judiciary are CORRUPT.
I love the title of the article however you are forgetting one thing. The 2nd Amendment is gun control in the earliest years of this country. The only thing that it doesn’t state is what type of gun a person can have. When people try to make the argument that we should have the AR-15 as a hunting rifle or have it for home defense I then have to explain that there is no difference than the M-4. Also when your in the Military you’re taught to shoot in one – three round burst. There is no difference between the… Read more »
Until theres resistance nothing will change, But police are the good guys remember, they are just doing there job when they violate your rights by going door to door enforceing the safe act!!..Todays Royal Army is called police!!.or law enforcement!!
“We know of no other enumerated constitutional right whose core protection has been subjected to a freestanding “interest-balancing” approach. The very enumeration of the right takes out of the hands of government–even the Third Branch of Government–the power to decide on a case-by-case basis whether the right is really worth insisting upon. A constitutional guarantee subject to future judges’ assessments of its usefulness is no constitutional guarantee at all. Constitutional rights are enshrined with the scope they were understood to have when the people adopted them, whether or not future legislatures or (yes) even future judges think that scope too… Read more »
Sorry I dont put much faith in the SCOTUS because of Roberts and Kavanaugh
Gentlemen, Judges are lawyers. Lawyers are a product of law schools. Anyone think that the same libera rot that pervades K-16 and grad school hasn’t spread through law schools? Just like conservative professors are outnumbered 100 or 1000 to 1 in regular U’s, I would imagine the same is true at law schools. After all, you hear terms like “social justice” bandied about like there were various types of justice, and some were more superior than others. Bottom line on this is that we’re seeing the same rot affecting America in our Judicial system as throughout society. Occasionally, people like… Read more »
Seems like the people in these states like NY,CA you know all the communist states, nobody votes. NY race 3.5 to demorat,a little over 2.2 million for gop.Now you telling me there is only 6 million people in NY! Same goes for kalifornia,check out total votes in these states. Looks like there are a lot of lazy gop people.So if you don’t get off your asses an vote, you get what you got,really simple to deduct.