Judge Rules state's gun laws prevail
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Thread: Judge Rules state's gun laws prevail

  1. #1
    Join Date
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    Judge Rules state's gun laws prevail

    Well now, I knew NY would say that the SC ruling didn't affect their "sensible" gun regulations, but I didn't expect a judge to say the ruling only applied to Washington DC. I didn't think they would go so far as to say the constitution doesn't apply to NY at all. I certainly didn't expect the NYSRPA to agree with them!!! I know it is out of context, but it was so disheartening to read.

    Judge rules state's gun laws prevail- Syracuse.com

    The recent historic handgun ruling by the U.S. Supreme Court should have no impact on gun control and licensing provisions in New York state, a local judge has concluded.

    Onondaga County Judge William Walsh ruled the June 26 Supreme Court ruling striking down the District of Columbia's strict handgun ban has no effect on the rights of individual states to establish their own firearm laws.

    Walsh made that finding in a written decision in which he reinstated a local man's pistol permit with limitations.

    The Supreme Court may have recognized the right of individuals to possess lawful firearms in their homes, but it did not overrule the established precedent that the Second Amendment applies only to Congress and not to the states, Walsh wrote.

    The Supreme Court's ruling would have an impact in the nation's capital because the District of Columbia is not a state and is under the jurisdiction of Congress, the judge decided. But it would not have an impact on states' rights to establish firearms laws, he concluded.

    In the matter before Walsh, Daniel M. Groff, of Bridgeport, had had a pistol permit since 1991 that allowed him the unrestricted right to carry a concealed weapon. The judge noted the permit had been revoked in May based on the filing of DWI and reckless driving charges against Groff in Sullivan, Madison County.

    With proof that Groff pleaded guilty to reckless driving and paid a $300 fine, Walsh last week ordered his pistol permit reinstated. But the judge concluded the original decision allowing Groff to carry a concealed weapon had been a mistake.

    An "unrestricted carry concealed permit" can be issued based on a showing a person has "a special need for self-protection distinguishable from that of the general community or of persons engaged in the same profession," Walsh noted.

    Groff's original application indicated he needed the permit for "target shooting, personal protection, hunting" with no elaboration, the judge noted. He concluded target shooting and hunting did not warrant the issuance of a permit allowing Groff to carry a concealed weapon.

    The judge further concluded the "unsubstantiated claim of the need for personal protection" was not sufficient to allow Groff to carry a concealed weapon.

    Based on that and Groff's prior unblemished record, the judge agreed to reinstate his pistol permit but restricted it to possession on premises or for the purposes of hunting and target shooting.

    Groff said recently he was unaware of the judge's decision about his pistol permit. He said he would await a copy of the ruling before deciding if he wanted to challenge the limitations.

    Walsh wrote that the ability of New York residents to keep and bear arms is a privilege granted by statute. The state's constitution contains no such guarantee, he added.

    "Thus, the issuance of a pistol license remains but a privilege subject to reasonable regulation under New York State law and the licensing officer is conferred with broad discretion in determining whether to issue, revoke, cancel or restrict such a license," Walsh wrote.

    Tom King, president of the New York State Rifle and Pistol Association, said Walsh is "probably right" in his interpretation of the Supreme Court ruling and its impact.

    "That's the way it is," he said.

    King said he had never expected the Supreme Court ruling in the District of Columbia case to end up striking down licensing laws and restrictions in states and communities across the country. It will require other court challenges around the country in the wake of that recent ruling to determine what impact it may ultimately have, he said.

    King said there were no known challenges at this point to the laws in New York based on the Supreme Court ruling.
    Last edited by rheaj; 07-14-2008 at 02:22 PM. Reason: Adding body of article in case link ever goes away.

  2.   
  3. Thumbs up

    Don't despair. Who would have thought just a few months ago that the SC would rule in favor of the 2nd Amendmant being an individual right? This ruling isn't going to be the last word on this issue - it just takes us in the right direction (no pun intended). It may take a few years before we see significant change here in NYS.
    Stay safe - DW
    NRA Endowment Member
    Retired Fed

  4. #3
    I'm so happy you posted this already. I was here to do the same thing. Thank goodness for ny being so thoughtful as to protect its' subjects from that evil Second Amendment.

    I know that I will thank my issuing officer the next time I see him for not judging my "...special need for self-protection distinguishable from that of the general community or of persons engaged in the same profession," and seeing fit to give the Citizens in his County the ability to bear arms to ensure their own safety.

  5. Just another perfect example of how ny is allowing judge's to play god and tell me what i can and can not do and put restrictions on my license i can't wait to get out of this godforsaken state

  6. #5
    ...I am so happy i left that state. some to Nevada - we love guns, freedom and best of all, we're America :)

  7. God Bless Nevada

  8. #7
    Quote Originally Posted by 7.62 View Post
    ...I am so happy i left that state. some to Nevada - we love guns, freedom and best of all, we're America :)
    I like NV pretty well, but the $25 punishment for buying a gun (even if you have CHL, now) and that execrable blue card in Clark County sour it a bit. I'd really like SoNV to quit trying to be East East LA
    People don't like to be meddled with. We tell them what to do, what to think, don't run, don't walk. We're in their homes and in their heads and we haven't the right. We're meddlesome.--River Tam

  9. #8
    Quote Originally Posted by NDS View Post
    I like NV pretty well, but the $25 punishment for buying a gun (even if you have CHL, now) and that execrable blue card in Clark County sour it a bit. I'd really like SoNV to quit trying to be East East LA
    its $25 all over...NY too for the background check.

  10. #9
    Quote Originally Posted by NDS View Post
    I like NV pretty well, but the $25 punishment for buying a gun (even if you have CHL, now) and that execrable blue card in Clark County sour it a bit. I'd really like SoNV to quit trying to be East East LA
    Quote Originally Posted by 7.62 View Post
    its $25 all over...NY too for the background check.
    My son bought a pistol last week at Prescott Valley Guns in AZ and there was no charge for the background check. I bought a rifle in Wisconsin last March and there was no fee for background check.
    People don't like to be meddled with. We tell them what to do, what to think, don't run, don't walk. We're in their homes and in their heads and we haven't the right. We're meddlesome.--River Tam

  11. #10
    There have been many that have said that the Heller decision was just meant for D.C. and not for any of the States. That "incorporation" was not included. Not that I agree but that is the way law works. It is to bad the 2a isn't for every law-abiding citizen in America, the way it was supposed to be. It will take lawsuits, using the Heller case, to prove that state gun laws fail constitutional muster. It's to bad that it will take years and years for this to happen. New York State is one of those states that will fight tooth and nail to keep it's Unconstitutional gun laws. Oops, I meant to say "sensible". hahaha
    New York State Consolidated Laws, Civil Rights, Article 2-Bill of Rights, Section 4

    S 4. Right to keep and bear arms. A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms cannot be infringed.

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