The South strikes back at New York on behalf of gun owners

New York City is its own Kingdom when it comes to gun laws.

New York State concealed carry permits, as rare as they are, are not valid in New York City.  To carry in New York City, you have to have an act of god get a NYC Pistol Permit.

I must clarify that for people who are not retired law enforcement, what I mean by concealed carry in New York City is not like concealed carry anywhere else in the country.

New York City issues five different types of permits and each has their own restrictions.

Premises Licenses are the most common and only allow specified people to have a gun on a business premises.  An example would be a store manager can have a handgun in the back office.

Limited Carry Business Licenses lets the licencee carry under the special restrictions of the license.  An example would be a business owner being allowed to carry during business hours when transporting inventory from a warehouse to a store front.  These kinds of licenses are often issued to jewelers, art dealers, business that deal with large amounts of cash, etc.

Carry Guard Licenses are just for security guards and only apply while on duty and during shift hours.

A permit that allows a civilian to just strap on a gun and take a stroll in the park in the evening doesn’t exist.

The restrictions on Premise Licenses are high.  A gun cannot be removed from the premises except for hunting or to go to a shooting range in New York City.

There are very few gun ranges in the city and the are almost exclusively private clubs with exceptionally high membership fees or open only to police.  If you want to take your gun to a range up state or take it with you when you leave the state, you can’t.  Considering all the work it takes to buy a gun in New York City, the result is that the gun is anchored to one spot and most people don’t want to or can’t get a second gun for other purposes.

So now the New York State Rifle and Pistol Association, backed by a whole bunch of states, including yours truly’s, are suing New York City for having unconstitutionally tight permitting restrictions.

With federal court decisions impacting Louisiana people, regardless of where the lawsuits originate, Attorney General Jeff Landry is leading a 17-state coalition against a New York City gun restriction which threatens Second Amendment protections.

In an amicus brief filed today, General Landry’s coalition asks the United States Supreme Court to consider the permitting scheme’s burden on Second Amendment rights, the full extent of those rights, and the applicability of those rights to self-defense outside the home.

“The restrictive policies memorialized in New York City’s ‘premises permit’ scheme unduly burdens the Second Amendment rights held by all Americans,” said General Landry. “Criminalizing travel with a securely stored firearm creates an imbalance in our federal system that weighs against lawful exercise of the Second Amendment inside and outside of New York City.”

The terms of New York City’s pricey permit prohibit removing any firearm from the home with two exceptions, practicing at a range in the city or hunting in the state – and hunting requires authorization from the city’s police department. To remove a firearm from the home for any other purpose requires a separate, yet similarly expensive “carry” permit that is very difficult to obtain.

In their legal brief, General Landry and his counterparts argue that New York City did not show sufficient cause to burden citizens’ gun rights in their pursuit of crime prevention and public safety, both of which are frustrated by restricting licensed and trained gun owners from carrying outside their homes. This restriction has the practical implication of leaving thousands of firearms in unoccupied homes, where they are of no use to their lawful owners when faced with dangerous situations.

“The need for self-defense is not limited to the home and the right to possess a firearm should not be either,” said General Landry. “From self-defense to hunting, the lawful exercise of our Second Amendment rights should be fully supported.”

New York City’s regulation not only offends the Second Amendment and other constitutional protections, but it also poses a serious economic burden. “New York’s regulatory scheme discriminates against interstate commerce because it ‘deprives out-of-state businesses of access to a local market’ by forbidding its citizens from hunting and patronizing ranges outside the State with their own guns,” wrote General Landry and the others.

The 16 states joining Louisiana in the brief are Alabama, Arizona, Arkansas, Georgia, Idaho, Kansas, Michigan, Montana, Oklahoma, South Carolina, Texas, Utah, West Virginia, and Wisconsin through their Attorney Generals and Mississippi and Kentucky through their Governors. The case is New York State Rifle & Pistol Association Inc. et al. v. City of New York et al.

Fucking glorious!!!

Read the Amici brief.  It quotes everything from Heller to Moore v. Madigan.

I want the Supreme Court to take this one and pound the shit out of New York on their carry permit schemes.  If the Confederacy of Gun Rights states manage to get SCOTUS to buy Moore v. Madigan, conceivably NYC could have shall issue concealed carry shoved down their throats.

If that happens, the death toll from the collective aneurysm had by hysterical New York progressives will reduce the State’s Congressional representation by half.

Then you know what happens next, right?

Court mandated California shall issue.  Or they secede, either way is fine by me.

I hope SCOTUS takes this one up, it is going to be good.

 

 

 

 

6 Replies to “The South strikes back at New York on behalf of gun owners”

  1. NYC will ignore any court rulings on the matter. This is the same city that arrests out of town police for carrying concealed, completely ignoring LEOSA and forcing those police to site the federal law in court to avoid going to jail. There is no penalty for violating people’s civil rights, and if the NYPD is happy to do it to other police, they will care even less about what a court says the subjects, err, citizens living there can and cannot do. Until someone, somewhere in the federal government decides to criminally prosecute politicians and agency heads who violate civil rights, NYC will continue to do whatever it damn well pleases, and will quite literally give the finger to the Supreme Court, Congress, and President.

    And for what it’s worth, concealed carry permits are actually very common in the rest of the state.

    1. I agree that NYC flouts gun rights. They are notorious for violating FOPA, going as far as arresting people who fly through NYC headed for hunts or shooting matches up state.

      That’s why I want this to go to SCOTUS. SCOTUS will make them obey. MDonald didn’t just win his gun rights in Chicago. He got a big f-ing check too.

      NYC might try and be petulant but nobody messes around with SCOTUS.

      1. Why do you think SCOTUS will make them obey? How? Will anyone start enforcing the laws against infringement of civil rights? If we had a real Attorney General who had some faint clue about the Constitution, there might be hope. But when has the country ever had such an officer?

  2. A NYC Premise Permit is not just for businesses. It also “allows” home owners to have a handgun or long gun (2 different permits) in their residence. They may also take it to and from the range with the Premise Permit. ALSO, according to NYFD you can not have more than 150(!!) rounds of ammo per firearm in your home.

    I’m not defending it but part of the reason for the high range fees is because the insurance costs to operate a range in NYC are INSANE and the fees/taxes are nuts too. So it’s not just some range trying to be snooty.

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