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Jul 1 - NY Legislature passes gun restrictions to soften blow of Supreme Court ruling



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Jul 1 - NY Legislature passes gun restrictions to soften blow of Supreme Court ruling
 

 
New York Legislature passes stiffer gun restrictions to soften blow of Supreme Court ruling




In a special session, the state's Senate and a*sembly voted to ban firearms in many public places, including Times Square, and add more permitting requirements.

The New York State Legislature passed a flurry of gun restrictions Friday, banning firearms in many public places, including Times Square, and stiffening permitting requirements, a week after the U.S. Supreme Court made it easier for people to carry handguns in public.

In a special session, the state's Senate and a*sembly repealed a concealed-carry restriction that the court deemed unconstitutional but voted to enact a new set of gun laws that they hope will soften the blow of the court’s first major ruling on a Second Amendment case in more than a decade.

The justices, in a 6-3 decision on June 23, struck down a century-old provision in New York that requires gun owners who want to carry a handgun outside their homes to prove that they have a unique need for self-protection.

Forced to eliminate that requirement, state lawmakers compensated by enacting more onerous restrictions in other areas, including designating many public places as gun-free zones and adding more permits requirements.

The bill was sent to Gov. Kathy Hochul, a Democrat, who signed it into law Friday evening.

Under the bill, which goes into effect Sept. 1, guns will be banned from modes of public transportation, such as subways and buses, and from schools, shelters, government buildings, poll sites, places of worship, health facilities, establishments that serve alcohol, libraries, day cares, zoos, museums, theaters and stadiums, public playgrounds and parks.

Other sensitive locations where firearms will be prohibited include Times Square, a popular tourist destination in Manhattan.

There will also be a “presumption” statewide that firearms are not welcome inside private businesses unless the property owner explicitly states otherwise with a clearly visible sign.

Under the bill, pistol permit seekers statewide will have to disclose their former and current social media accounts from the past three years.

They will also need to sit for an in-person interview with a licensing officer, have at least 16 hours of in-person firearm training and agree to store firearms safely, including inside vehicles and inside homes with children 18 and under.

The bill will create statewide record databases for ammunition sales and licenses, and require ammunition sellers or firearm dealers to keep a record book of every ammunition transaction. It will also create an appeals board.

At a news conference Friday, Hochul said the new gun laws would help prevent dystopian scenarios, in which confrontations in crowded places, such as bars and subway cars, quickly escalate with concealed firearms.

“Just imagine you’re on a crowded subway and you bang into somebody inadvertently. Tempers flare and the person that you bumped into happens to be carrying a concealed weapon,” she said.

“Imagine you’re in Times Square. You’re on the way to a show with your family, and you’re surrounded by people with concealed weapons,” Hochul said. “Does that make you feel more or less safe? I think we all know the answer to those questions.”

But Republican lawmakers from both legislative bodies, who represent counties upstate and Staten Island, expressed opposition to many of the measures, which they said they only had about 12 hours to review. Twenty state senators voted against the bill.

State Sen. Daniel Stec (R-Queensbury) slammed the process for being rushed, while State Sen. Pamela Helming (R-Canandaigua) said the bill will punish law-abiding citizens and have little impact on people who carry guns illegally.

"Criminals are not going to follow the requirements outlined in this bill," Helming said, adding that they may instead "target and terrorize" places where firearms are banned.

"The only people who will be impacted by the bill before us are people who follow rules," Helming said.

State Sen. Andrew Lanza (R-Staten Island) said the long list of proposed sensitive places means that even if people are granted a permit to carry, they won't be able to bring handguns "just about anywhere in New York."

Lanza criticized the proposed measures as being “more unconstitutional” than the restriction the Supreme Court struck down. “It gives tyrants more options to say no,” he said.

Some or all of the new restrictions will likely face legal challenges by gun-rights groups energized by the Supreme Court victory, said Adam Skaggs, chief counsel and policy director with the Giffords Law Center to Prevent Gun Violence. But because the provisions appear to stand on firm constitutional ground, Skaggs said they would likely fail.

State Sen. Zellnor Myrie (D-Brooklyn) said legislators were "very careful to painstakingly look throughout the country to ensure that we were comporting with what this opinion said."

To be eligible for a firearms license prior to the Supreme Court ruling, New York residents, 21 years old or older, had to have a "legally recognized reason for wanting to possess or carry a firearm," be of "good moral character" and have no previous convictions on felonies or serious offenses.

Only the requirement to prove a unique reason to carry a firearm was ruled unconstitutional because it gave too much discretion to the state and its licensing officers.

Applications were typically approved for people whose job it is to carry large amounts of cash or those who have a restraining order against someone who has a firearm, gun-safety experts said.

In a concurring opinion joined by Chief Justice John Roberts, Justice Brett Kavanaugh said states may continue to require licenses for carrying handguns for self-defense, so long as they follow the less-restrictive requirements used by 43 other states.

Those requirements may include fingerprinting, a background check, a mental health records check, and training in firearms handling and in laws regarding the use of force, Kavanaugh said.

In the majority opinion, Justice Clarence Thomas said the justices have "no occasion to comprehensively define" sensitive places. But he said there is "no historical basis" for New York to declare the entirety of Manhattan as one simply because it is crowded and policed.

The ruling comes amid heightened concerns for public safety in New York, where a gunman wounded 10 people inside a subway car in April and another shooter k*lled 10 people at a supermarket in Buffalo in May.

More than 3,000 guns have been recovered in the city so far this year, while gun arrests are at a 28-year high, New York City Council Speaker Adrienne Adams said at a news conference last week. Shooting incidents have doubled there from 2019 to 2021, she added

"We cannot afford to have weapons of violence proliferating in an unabated way," Adams said.

Suffolk County Executive Steve Bellone responded to the court's decision by announcing plans to bolster "red flag" laws, designed to prevent people who show signs of being a threat to themselves or others from purchasing or possessing firearms.

Bellone said Suffolk County leads the state in red flag warnings. The county's police department, he said, has seized about 160 guns since 2019, when New York empowered school administrators, law enforcement officials, prosecutors and family members to pursue court intervention when they believe they know someone who is at high risk of harming themselves or others.

Under the law, a judge could “very quickly” issue an extreme-risk protection order, which could order someone to surrender any firearms, as well as not to try to have or buy any.

But such laws might now fall under new scrutiny. While touted as a lifesaving measure, red flag laws are also a “modern invention” that has no historical precedent in the eyes of the nation’s highest court, said Adam Winkler, a UCLA School of Law professor who specializes in the Supreme Court and the Second Amendment.

“The court says that only those gun regulations that are consistent with historical gun regulation are constitutionally permissible,” Winkler said. “So that means any gun law today that is not very similar to a gun law in the 1800s is unconstitutional.”

Beyond New York, the court's decision throws into question the validity of comparable concealed-carry restrictions in a handful of other states, including California, Maryland, Massachusetts and New Jersey.

The Supreme Court’s ruling technically only directly applies to New York, but its rationale applies to all states. That means while concealed-carry applicants today in states like California and Maryland still must prove proper cause to carry a handgun in public, those days are limited.

"One in four Americans are going to feel the impact of this case," Skaggs said.


visit this link https://www.nbcnews.com/n .. e-co-rcna35887


Last edited by bobbysteels18; 07-01-2022 at 10:48 PM..



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54 comments
 

 1 month ago '05        #2
bklyn 
Props total: 6605 6 K  Slaps total: 3367 3 K
Just another stall tactic. That too will fall when Supreme Court says shall not be infringed!
+22   

 1 month ago '07        #3
240ka  topics gone triple plat - Number 1 spot x1
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 bklyn said
Just another stall tactic. That too will fall when Supreme Court says shall not be infringed!
The SCOTUS is a joke right now and are you part of a well regulated militia? I didn't think so so your rights arent being infringed upon according to the constitution
-6   

 1 month ago '22        #4
MONEY WORLD 
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 bklyn said
Just another stall tactic. That too will fall when Supreme Court says shall not be infringed!
This will be overturned once Zeldin beats Hochul.
+4   

 1 month ago '05        #5
bobbysteels18  topics gone triple plat - Number 1 spot x33 OP
Props total: 15979 15 K  Slaps total: 3782 3 K
Most of this is just election year politics, the laws before this was passed where pretty much the same when it came to sensitive places. Most of the places you could not carry a gun in anyway. What they added is very over reaching, business's now have to play cops.

According to the legislation released Friday, New York’s new system would require applicants to undergo 15 hours of in-person training at a firing range, sit down for an in-person interview, provide their social media accounts, provide contact information for household members, renew their license after three years and face monthly background checks. The bill also sets up an appeals process.

Under the new system, the state wouldn’t authorize permits for people with convictions within the past five years for driving while intoxicated, menacing or third-degree a*sault.

People with concealed carry permits won’t be permitted to carry firearms at a long list of “sensitive places” ranging from Times Square to protests to schools and universities.

That list also includes government buildings, healthcare facilities, places of worship, libraries, public playgrounds and parks, daycares, summer camps, addiction and mental health centers, shelters, public transit, bars, theaters, stadiums, museums, polling places and casinos.

New York will also create a new felony crime for people who carry firearms into places of business where owners where owners have not put up signs saying they are welcome.

Other provisions require background checks for all purchases of ammunition for guns that require a permit, and new rules around firearm storage in homes and vehicles.
It seems the supreme court decision made it worse for gun owners in New York. New York should fix there failed bail laws discovery laws and raise the age law, that's what is making the state unsafe.


Last edited by bobbysteels18; 07-02-2022 at 11:31 PM..
+6   

 1 month ago '16        #6
Dabighomie 
Props total: 19 19  Slaps total: 7 7
I told y’all. And I’m all for having your strap. But 10’s of millions walk in and out of NYC, LA, MIA, and every other major city. I’m sorry but everyone can’t carry everywhere. I don’t mind you going to the trunk tho.

 1 month ago '04        #7
CentsCuZ  topics gone triple plat - Number 1 spot x1
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The idiot politicians in NY still do not understand that, by definition, criminals do not follow laws. "Gun-free zones" just make the law abiding citizens more vulnerable. Someone that is about to commit a gun crime in a park or school isn't going to stop from entering because it's illegal to enter with a gun. They're already about to commit a worse crime to begin with. And now they know that it is less likely that someone will have a gun to stop them in those particular areas.
+23   

 1 month ago '17        #8
BLACK FIST 
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 CentsCuZ said
The idiot politicians in NY still do not understand that, by definition, criminals do not follow laws. "Gun-free zones" just make the law abiding citizens more vulnerable. Someone that is about to commit a gun crime in a park or school isn't going to stop from entering because it's illegal to enter with a gun. They're already about to commit a worse crime to begin with. And now they know that it is less likely that someone will have a gun to stop them in those particular areas.
that makes sense, cuz!! Props
+6   

 1 month ago '16        #9
Proveone  topics gone triple plat - Number 1 spot x4
Props total: 109731 109 K  Slaps total: 7076 7 K
The ccw process they passed looks a lot like the one in Cali. I had to sit down with the LASD for an interview and explain why I needed a ccw, along with the classes
+4   

 1 month ago '15        #10
Kdub31 
Props total: 23358 23 K  Slaps total: 2236 2 K
Half of this was already called unconstitutional in the Bruen decision… they’ll get sued and this sh*t will get thrown out in the lower courts…

CA is doing the same thing, openly defying the constitution… this isnt and never was about public safety
+7   

 1 month ago '04        #11
JEBUS 917 
Props total: 680 680  Slaps total: 47 47
Lol now u have to hand over social media ??? This state stay doing the most for no reason.
+6   

 1 month ago '21        #12
99LB 
Props total: 811 811  Slaps total: 110 110
Criminals don't follow laws.
+9   

 1 month ago '17        #13
BLACK FIST 
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 JEBUS 917 said
Lol now u have to hand over social media ??? This state stay doing the most for no reason.


+1   

 1 month ago '19        #14
Understandin360 
Props total: 59 59  Slaps total: 15 15
 CentsCuZ said
The idiot politicians in NY still do not understand that, by definition, criminals do not follow laws. "Gun-free zones" just make the law abiding citizens more vulnerable. Someone that is about to commit a gun crime in a park or school isn't going to stop from entering because it's illegal to enter with a gun. They're already about to commit a worse crime to begin with. And now they know that it is less likely that someone will have a gun to stop them in those particular areas.

Exactly what I was thinking. According to this they don’t want people carrying anywhere. They don’t want people defending themselves but they want to put up cameras everywhere so they can catch the criminal after he commits the crime! I’m from nyc and everyone I ever knew who had a strap got it illegally. I’m glad I’m getting out of this city soon hochul and Adams are horrible!
+3   

 1 month ago '16        #15
MOF410 
Props total: 2017 2 K  Slaps total: 363 363
Same people trying to ban guns here are sending guns and ammo to ukraine...so that, follow me here cuz it's gonna get tricky...ordinary people can f*ght off an oppressive govt trying to take over there country.
+12   

 1 month ago '20        #16
godhillie 
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 240ka said
The SCOTUS is a joke right now and are you part of a well regulated militia? I didn't think so so your rights arent being infringed upon according to the constitution

"A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."

Those are two seperate clauses of the same amendment...

How many times does the supreme court have to explain this sh*t? In all the history of the court, they have never ruled differently...
+5   

 1 month ago '18        #17
Shizzy 
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 Kdub31 said
Half of this was already called unconstitutional in the Bruen decision… they’ll get sued and this sh*t will get thrown out in the lower courts…

CA is doing the same thing, openly defying the constitution… this isnt and never was about public safety
Bro, I'm not sure if I slapped your post or not but if I did it was a mistake.

 1 month ago '18        #18
antisocial100 
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So yet again tax paying citizens will be victims to thugs.
+5   

 1 month ago '17        #19
CamburyBXGreat 
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People are mad at scotus but not being able to have a gun in your home in NYC is wild.
+6   

 1 month ago '16        #20
Eastcoast 
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How come this wasn't the case already? It's because CCW in NYC was basically only for the elites, or very well connected. If these are sensible laws, then it should've been in place already, even for rich well connected whites.

It's obvious that less guns= less gun deaths but the elitism is showing in these restrictions.
+1   

 1 month ago '16        #21
Eastcoast 
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 CentsCuZ said
The idiot politicians in NY still do not understand that, by definition, criminals do not follow laws. "Gun-free zones" just make the law abiding citizens more vulnerable. Someone that is about to commit a gun crime in a park or school isn't going to stop from entering because it's illegal to enter with a gun. They're already about to commit a worse crime to begin with. And now they know that it is less likely that someone will have a gun to stop them in those particular areas.
You can say the same thing about laws against murder. The point of the law is so that you can also punish someone for breaking it.

To me, the issue with the optics of these new restrictions is, how come these weren't already restrictions? You had whites who don't even live in NYC who have CCW but 99.9% of any non white actual New Yorker didn't have a chance of being approved for a NYC CCW.


+2   

 1 month ago '05        #22
SquirrelXss 
Props total: 11249 11 K  Slaps total: 3183 3 K
sh*thole politicans that treat law abiding tax payers like second class citizens.
+3   

 1 month ago '20        #23
GingerBreadMan  topics gone triple plat - Number 1 spot x23
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Looks like Papa Clarence is gonna have to smack the NY libtards around some more
-1   

 1 month ago '17        #24
Its 
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 CentsCuZ said
The idiot politicians in NY still do not understand that, by definition, criminals do not follow laws. "Gun-free zones" just make the law abiding citizens more vulnerable. Someone that is about to commit a gun crime in a park or school isn't going to stop from entering because it's illegal to enter with a gun. They're already about to commit a worse crime to begin with. And now they know that it is less likely that someone will have a gun to stop them in those particular areas.
They aren't idiots in the least. They are an evil oligarchy. They passed about 10 new gun laws like a month ago. Moving forward they are going to create a bunch of new government jobs for some weirdos to decide whether or not a u.s citizen fits the criteria for gun ownership based on their social media accounts.
+3   

 1 month ago '17        #25
Its 
Props total: 42507 42 K  Slaps total: 3149 3 K
 SquirrelXss said
sh*thole politicans that treat law abiding tax payers like second class citizens.
And an atm, don't forget that part
+1   



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