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PTWB

(4,131 posts)
Sat Jul 2, 2022, 06:54 PM Jul 2022

Ramifications and constitutionality of the new New York law?

I wouldn't be surprised if the SCOTUS overturns the law within the next two years. It seems guaranteed to be overturned and could yield even more sweeping backlash against common sense gun control and regulation.

Like it or not, we've got to work within the confines of the current 2nd Amendment interpretation if we want to pass meaningful gun control. And the new New York Law, with it's subjective standards despite the recent SCOTUS ruling, is outside of those confines.

Legislation that flagrantly disregards the ruling, such as this, is sure to be overturned nearly immediately. That will result in an even more rigid ruling being put in place. I would not be at all surprised if the opinion overturning this new New York legislation results in all states being required to adopt a shall-issue regimen for concealed carry licensing.

We've got to focus on passing the laws that matter, and that are popular, and that can actually be passed in this political climate:

1. Universal Background Checks
2. Mandatory Safe Storage Laws
3. Minimum Standards for Concealed Carry Licenses

This law feels a bit like cutting off our nose to spite our face.

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Ramifications and constitutionality of the new New York law? (Original Post) PTWB Jul 2022 OP
Joseph Story, US Supreme Court Justice 1812 - 1845 and Benjamin Franklin discntnt_irny_srcsm Jul 2022 #1
The gist of it is that a right can't be denied just because some people don't like others using it. The Mouth Jul 2022 #2
It's amazing how much they freak out over this. krispos42 Jul 2022 #3
Government overreach discntnt_irny_srcsm Jul 2022 #4
If we lose the congress this fall... radicalleft Jul 2022 #5

discntnt_irny_srcsm

(18,470 posts)
1. Joseph Story, US Supreme Court Justice 1812 - 1845 and Benjamin Franklin
Sat Jul 2, 2022, 08:26 PM
Jul 2022

"The right of the citizens to keep and bear arms has justly been considered, as the palladium of the liberties of a republic..."
Justice Story was was nominated by James Madison, Father of the Constitution.

"Those who would give up essential liberty to purchase a little temporary safety, deserve neither liberty nor safety." - Benjamin Franklin

The Mouth

(3,123 posts)
2. The gist of it is that a right can't be denied just because some people don't like others using it.
Mon Jul 4, 2022, 10:50 AM
Jul 2022

Speech, voting, bearing arms, protesting.

You can't make any of these more inconvenient than any of the others. That's the law now.

It can't be made *ANY* harder for you, me, or the average citizen to get a CCW than it is for the richest billionaire or most senior senator, period.

krispos42

(49,445 posts)
3. It's amazing how much they freak out over this.
Mon Jul 4, 2022, 12:02 PM
Jul 2022

So a relative handful of people with spotless criminal records and who were vetted by the NYPD will be able to carry concealed guns in public... and they act like its the end of the goddamn world.

This can only be because:

New Yorkers believe the violent crime rate in NYC is so high that gun battles between robbers and CCW permittees will be common, as will people caught in the crossfire;

New Yorkers believe that anybody with $5 on their metrocard and who can fog a mirror can get a permit and a gun;

New Yorkers believe that a CCW permit legalizes armed robbery, carjacking and murder.


Keep in mind that NYC also makes getting non-lethal self-defense tools, like pepper spray, Tasers, and stun guns very hard to get as well.



There is an underlying train of thought in this part of the country, it seems to me, that is a result of being very old and established compared to the rest of the country, and it goes like this:

If something sucks, it can't be fixed, and if you try to fix it will not only fail to make things better, but the inconvenience while you're trying will make things even worse while wasting taxpayer money.

discntnt_irny_srcsm

(18,470 posts)
4. Government overreach
Tue Jul 5, 2022, 07:43 PM
Jul 2022
Another example: https://www.democraticunderground.com/100216892140
Public universities in Florida will be required to survey both faculty and students on their political beliefs and viewpoints, with the institutions at risk of losing their funding if the responses are not satisfactory to the state's Republican-led legislature.

radicalleft

(478 posts)
5. If we lose the congress this fall...
Thu Jul 7, 2022, 12:12 PM
Jul 2022

Because knee-jerk Dem controlled state legislators pass laws that drive RWNJ to the polls, you can expect nationwide constitutional carry to become the law of the land.

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