SCOTUS can Provide Restitution for Unconstitutional Laws

SCOTUS NRA-ILA
The Supreme Court has agreed to hear an NRA-backed case about concealed carry laws in New York. IMG NRA-ILA

U.S.A. –-(AmmoLand.com)- There is an important case being considered by the United States Supreme Court. The case hinges on the fact that government officials in New York State can choose whether to give ordinary citizens a license to carry a concealed firearm in public. About one in a dozen of us carry in public now. That isn’t true in New York State where ordinary people are denied the right to carry personal firearms in public. Also, consider the fact that New York has arrested people who tried to pass through the state with a firearm. Now the case in front of the US Supreme Court takes on a different character.

We’ve seen similar cases before. We saw people who were driving up the east coast of the United States. They drove through Washington D.C. where they were pulled over for an ordinary traffic stop. (Let’s say that your windows were tinted, and though that is legal in Florida, it is illegal in D.C.) You are shaken down for a traffic fine. You’re also carrying a firearm in the trunk of your car. You’re arrested for having an unregistered firearm in the District of Columbia.

At that time, Washington D.C. didn’t issue permits so ordinary people could carry and transport their firearms in public. You pay fines, pay court fees, and pay lawyer’s fees. You also have a criminal conviction on your record as you try to get on with your life.

At that time, the district didn’t even have a permit process so that people from out of town could get a permit. It was impossible for us to register, to carry, and then to legally transport a firearm through the district. Later, the district’s permit laws were ruled unconstitutional. The Supreme Court ruled that the district must issue permits so that ordinary people could carry ordinary firearms in ordinary places. That is progress, but it gets better.

Later, a judge ruled that the district could require a permit, but the district could not prosecute someone who didn’t have a permit that was impossible for them to get. Individuals who were prosecuted in DC for the non-violent possessory offense of having a gun as they passed through DC asked to be reimbursed and to have their records cleared. A judge ruled that the city owes them their attorney’s fees and to expunge their record of a criminal conviction.

It is good that an individual should not be punished by an unconstitutional law. If they were unjustly punished, then they deserve restitution. So far, only a few people have applied for restitution in DC. There is a larger class-action lawsuit that needs to be filed against the district and settled.

Though that is good, it is a trifle compared to what has happened in New York. New York City routinely stopped and frisked ordinary people on the street. The state and the city prosecuted travelers who brought firearms with them as they traveled through New York. They prosecuted businessmen who had a decorative knife on their keychain, and they prosecuted boy scout troops who had a scout knife in their pockets. It prosecuted travelers who arrived at an airport with legal firearms locked in their luggage. The number of victims is in the tens of thousands, if not larger.

Are we safer now that boy scouts are disarmed? Is it moral to demand that people have a license to carry a “weapon” in public, a license that the state won’t issue to them?

That isn’t the way the current New York case in front of the US Supreme Court is framed. That case was filed by ordinary people in upstate New York who were arbitrarily denied their carry permits. Those plaintiffs were unlucky enough to draw a judge who doesn’t issue permits, while other judges hearing similar cases did issue them. The details in how the New York case is settled matter to thousands, if not hundreds of thousands of people.

I hope that laws like New York’s are declared unconstitutional. If state governments owe restitution for the prosecution of unconstitutional laws, then they owe more than an apology. They also owe the victims a lot of cash.

I hope the New York case in front of the US Supreme court is decided broadly. Having a pocketknife shouldn’t land you in jail. Going to an airport in New York shouldn’t land you in jail either. I hope the Supreme Court rules that states like New York can no longer write and enforce such arbitrary laws. I hope those people who were abused by the state will finally get their day in court.


About Rob Morse

The original article, with sources, is posted here. Rob Morse writes about gun rights at Ammoland, at Clash Daily, at Second Call Defense, and on his SlowFacts blog. He hosts the Self Defense Gun Stories Podcast and co-hosts the Polite Society Podcast. Rob was an NRA pistol instructor and combat handgun competitor.Rob Morse

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musicman44mag

Rules

1 don’t go to any state that doesn’t have reciprocity. Drive around them and don’t spend a dime in that state.

It’s always worked for me and any state that has laws that are anti second amendment isn’t worth my time. I don’t care about Niagra falls and they can shove the statue of liberty where the sun don’t shine and I bet it would fit.

OreGONE

Don

Going through NYS can’t be avoided if you want to go to Maine and such.

musicman44mag

Well I knew friends from Maine and they showed me pictures and it looks to be a beautiful state. I watched the old North Woods Law a game enforcement show and the backgrounds look nice and I love the snow but it is another coast state and I think I am going to avoid those if I move and if I have to go through a commie state to get to another state that wont honor reciprocity then I will just not go. If I start doing things on a well maybe or kinda basis then they win. I have… Read more »

DonP

You can always ship your firearms if you are going to travel through a commie state.

musicman44mag

For just running around America I wouldn’t do it but if I went to Alaska and never left, then I would consider it.

Stone

I am a bit confused. How do you give restitution to a family who had applied for a gun permit, but was denied it, later to have their home invaded and a family member shot or killed? How does a woman get restitution after she was denied a firearm license and then have her Ex break a restraining order, stop by and beat her to death? Sure, the family might get something, but the State at fault had better scream the apology real loud, I am told it is hard to hear things when you’re six-foot under. Too little –… Read more »

Wild Bill

Attorneys have more fun figuring out the dollar cost of how much their clients have been harmed than any other phase of the civil liability trial.

Boz

SCROTUS

swmft

Here is to scotus bankrupting places that violate rights

swmft

wont happen,

Vince

If you plea innocent, you or your attorney should always request restitution and attorneys fees at the time of responding to charges. if not, you will have to amend your plea later subject to extra cost and the whims of the judge.

Patriot Solutions

Same in Colorado, “a judge ruled that the district could require a permit, but the district could not prosecute someone who didn’t have a permit that was impossible for them to get” so only the most law abiding can get a permit while even a felon with multiple violent criminal convictions will walk on a concealed carry without a tard card violation because the 5th protects against self incrimination but things will go sideways on the felon if the felon is breaking the law while carrying concealed. Once ya go outside and beyond the Constitution the wheels come off the… Read more »

Patriot Solutions

WilTex et’al the glowing socket puppet clown is working hard today from his cubicle striking down those who are not influenced by his false narrative that his info is correct regardless of real facts.

Oldman

I am still so amazed by your apparent paranoia about down votes. Could it be that there are people here that aren’t part of the willTex sock puppet clown show? Or could it be that you are so evolved with your ‘intuitive’ powers that you know everyone of the down voters, when they post and when they hit you with the thumbs down? Since, as you said, “I lack intuition”, I just wanted to hear again how much you are so much smarter than everyone else on this Formum. What say, USA ??