New York City tries to Amend Gun Laws to Avoid SCOTUS Showdown

New York City tries to Amend Gun Laws to Avoid SCOTUS Showdown
New York City tries to Amend Gun Laws to Avoid SCOTUS Showdown

New York City-(Ammoland.com)-The Supreme Court recently took up the first Second Amendment related case since the historic decision in D.C v Heller. In this new case, the New York Pistol and Rifle Association with the backing & legal guidance of the NRA is suing the city of New York over their law, preventing law-abiding citizens from transporting firearms outside the city limits. Currently, residents can only use one of seven ranges within the city’s boundaries.

According to the New York Times, the New York Police Department held a public hearing on amending the law, and they have taken written comments. New York politicians are fearful of taking the blame if the Supreme Court rules against the law, which would then affect gun laws across the entire country.

The unusual public hearing is a requirement before the city can amend the law. At the hearing and in the written comments, gun rights advocates attacked the city’s motives as a blatant attempt at trying to make the court case disappear.

Some residents on the gun control side of the issue admit that the changing of the law is to head off the Supreme Court challenge.

“I support the proposed rule changes,” wrote one person “I have attached a document of several additional rule changes which I believe are necessary to comply with Osterweil, benefit pistol permit holders, and render the Supreme Court case moot.”

Other residents want to see New York City to defend their gun laws and let SCOTUS decide if the law is constitutional or not.

“I think the state of NY needs to defend their gun laws,” wrote another New York resident. “I don’t want any changes to the law currently. I’d like to see this go to the Supreme Court. I’d really like to see the highest Court in the nation decide this once and for all!”

Erich Pratt, executive director of Gun Owners, also sees the change as a gimmick to prevent a broader reaching ruling by SCOTUS.

“The Supreme Court needs to take up this case, regardless of what New York City does,” Pratt told AmmoLand News. “The lower courts are ignoring both the language of the Second Amendment and the rulings in Heller and McDonald at a furious rate. So, we need to have the Court step in and set the record straight. By the way, Gun Owners of America has submitted a [supporting] brief to the Supreme Court and is arguing that “shall not be infringed” is the standard that every judge in America should use.”

The city asked SCOTUS to suspend the filing of briefs while the city considered changes to the regulation. The Justices rejected the city’s request. The proposed amendment would not be law. The city could reinstate the amendment to the code at any time.

It is for this reason that the courts in the past have considered changes like one New York City is trying to do as moot.

If the law is amended, the new version would go into effect within a month. Experts believe the city will change the law to try to avoid a SCOTUS hearing.

If SCOTUS does not dismiss the case, it will hear the case in the fall. To support the New York State Rifle & Pistol Association and the NRA’s legal efforts on this case, please donate here.


About John Crump

John Crump Headshot blue
John Crump Headshot blue

John is an NRA instructor and a constitutional activist. He is the former CEO of Veritas Firearms, LLC and is the co-host of The Patriot-News Podcast which can be found at www.blogtalkradio.com/patriotnews. John has written extensively on the patriot movement, including 3%’ers, Oath Keepers, and Militias. In addition to the Patriot movement, John has written about firearms, interviewed people of all walks of life, and on the Constitution. John lives in Northern Virginia with his wife and sons and is currently working on a book on leftist deplatforming methods and can be followed on Twitter at @crumpyss, on Facebook at realjohncrump, or www.crumpy.com.

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Duke
Duke
2 years ago

They can, will and have, did you have any say in the installing of the S.A.F.E. act in N.Y.S.??, did you have any say in why it is N.Y.C. has different laws than upstate NY??, did you have any say in the stacking of judges in N.Y.S. that are diametrically opposed to you even having a firearm in N.Y.S.???, nope, know why, cuz you ( not literally but figuratively, so don’t go gitin all riled up I called you names) didn’t do your due diligence and keep a damn close eye on what they do in your name, this is… Read more »

Trevor
Trevor
2 years ago
Reply to  Duke

Duke, The safe act was passed in a special session in the wee hours of the morning. I/we called out our Senator, went to his office and were fed a bunch of BS. I/we have not voted for, nor supported them since. This was my first encounter with the (at that time) rarely seen RINO. It is true that laziness is to blame for many things here and around the country. Take for instance the fact that Andrew C*!#o was re elected while running on a platform of severe gun control. Had the law abiding gun owners in NY gotten… Read more »

William Douglas Ginn
William Douglas Ginn
2 years ago
Reply to  Duke

New York needs constitutional carry

coldkeyes
coldkeyes
2 years ago

We need to be allowed stand your ground and castle doctrine, and conceal or open carry!

This needs to stop, the assaults on gun rights, and also high capacity magazine bans need to go, and repeal assault weapon bans, and also for the love of god, repeal all gun free zones, and allow state license to carries to be honored!

musiman44mag
musiman44mag
2 years ago

So tired of manipulation of the system to obtain the desired end results negating the rule of law. Our constitution and laws should no longer be a game if chess that changes with peoples feelings or whims. Our forefathers were real men and women back in the day and not the panzies our country produces at this time. We claim to have advanced as a people in the last 200+ years yet our new brew of children want to take us back in time to a prior history before America was made and they truly dont understand what America stands… Read more »

Andrew Auble
Andrew Auble
2 years ago

As a New York resident,I would like more information on what’s being done about New York’s (Como ) ban on the USCCAs and NRAs concealment carry insurance

Larry Brickey
Larry Brickey
2 years ago
Reply to  Andrew Auble

They can do that?????