Does the Second Amendment exist in NYC?
- April 30th, 2014
- John S. Chambers
- No comments
In two major victories for law-abiding gun owners and potential licensees, the highest court in the land, the United States Supreme Court, interpreted the Second Amendment as applying to the citizenry of America, not just to the “miltia.” After the cases of Heller and McDonald were decided in 2008 and 2010, respectively, it appeared that we now had a firm “right to keep and bear arms” in our homes. Except if your “home” happens to be located within the five boroughs of New York City: in that case, you are hampered by a police department and trial courts that hold themselves above the United States Supreme Court.
There is no question that the Heller case left leeway for “rational regulations” to continue to exist vis-a-vis gun ownership. The federal court has held, for example, that the NYC pistol application fee of $340.00 is not excessive, and does not therefor infringe upon the citizen’s Second Amendment right to keep and bear arms.
As a consequence of this “opening,” if you will, the NYPD has virtually ignored the Heller case in every sense of the word.
One would expect that it would be easier to procure a simple home premise license following this monumental US Supreme Court holding. Not in NYC.
In fact, soon after the Heller case, the NYPD promulgated a number of rules which now allowed the NYPD to deny a home premises license based upon:
- Child support arrears
- Parking tickets/Scofflaw status
- Termination from employment
Is there any place but in NYC where a RIGHT can be taken from you for having too many parking tickets?
The reality is, until the Court of Appeals in Albany addresses the outrageous of these, and other positions relating to licensing by the NYPD, there isn’t much one can do.
To make matters worse, the lower courts in NY, that is the Supreme Court, is filled to the brim with anti-gun judges who act as though Heller does not even exist.
I do not want any misunderstandings. This law firm has been successful with folks who do not have a squeaky clear record. However, the fact still remains that the law in NYC vis-a-vis the Rules of the City of New York demonstrates that the RIGHT TO KEEP AND BEAR ARMS is not recognized as a right within the five boroughs.