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New York’s Unconstitutional Gun Law Reversal

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It was a very good day for all Americans when the Supreme Court of the United States struck down New York’s unconstitutional concealed-carry gun law. Yes, it’s good news for those who wish to carry a firearm in public for self-protection, but the Bruen decision also strikes a blow against bigotry and corruption.

In New York State Rifle & Pistol Association Inc. v. Bruen the court decided that the New York law ran afoul of the 2nd Amendment by requiring applicants for concealed weapon permits to prove a “special need” for self-defense. Justice Thomas wrote in this decision for the majority, “The Second and Fourteenth Amendments protect an individual’s right to carry a handgun for self-defense outside the home.” [States] can still regulate carry permits, but they can’t deny such permits to law-abiding citizens.”

At first blush that seems like an important, but simple, victory. But it is more than that. This decision made clear that the issue was the subjective nature of New York’s permitting process for carrying a weapon outside one’s home. Allowing authorities to use vague and malleable standards such as whether or not an applicant could show “proper cause” for the permit or be of “good moral character” was too subjective and thus violates the 2nd Amendment.

Think about it—if there is no objective standard in issuing a gun permit (or any other permit for that matter), then any reason will suffice for denying (or granting) that permit. “Good moral character” is one of those vague phrases concocted by the so-called elite to make sure those from the untouchable classes stayed that way. People of color, homosexuals, the poor, and the otherwise disenfranchised were all at one point or another maliciously deemed not of “good moral character” or some other dismissive judgement providing an umbrella excusing social and often legal discrimination. Like the denying of a gun permit.

In a separate case last year in front of SCOTUS a coalition of defense attorneys argued just that about New York’s gun control regime. Reason Magazine reported, “The brief is from a coalition of public defense lawyer organizations, including the Black Attorneys of Legal Aid, the Bronx Defenders, and Brooklyn Defender Services. They are urging the Supreme Court to overrule New York’s gun licensing scheme for both violating the Second Amendment and disparately harming black and Hispanic people.”

What exactly is a proper cause? The WSJ editorial board notes, “That has been interpreted to mean ‘a special need’ for self-defense, beyond that of ‘the general community or of persons engaged in the same profession’… In other words, shopkeepers who must carry cash through high-crime neighborhoods are out of luck. But as Justice Thomas points out, the Constitution protects a right not only to ‘keep’ but also to ‘bear’ arms… ‘To confine the right to ‘bear’ arms to the home would nullify half of the Second Amendment’s operative protections.’”

Moreover, like any situation where something of value is completely controlled by the government bureaucracy with no accountability and doled out arbitrarily, corruption soon follows. In 2018 a former NYPD cop testified at a trial that the city’s gun license division was completely corrupt. The New York Post reported at the time:

“A former city cop spilled his guts Tuesday, telling Manhattan jurors about years worth of bribes he and his fellow officers received for doling out gun permits — everything from cash, prostitutes and expensive watches to baseball memorabilia and exotic vacations… In exchange, the officers doled out pistol permits like candy — even to people who should not have had them…”

Once again, Democrats established and maintained a system that served only the wealthy and well-connected while isolating and denying every other citizen their constitutional rights.
That is what the SCOTUS Bruen decision really strikes at— a sort of criminality that naturally develops when the system itself is operating like an extension of organized crime. Inevitably this corruption reduces our constitutional rights to a plaything available only to the highest bidders and the most powerful.

There has been the usual outrage and temper tantrums by the left and various Democratic leaders about how horrible the Bruen decision is. And they’re right—it’s horrible for tyrants everywhere who had fallen in love with absolute power. For the Democrats their abuse of power has been directed at their own constituencies for generations, crushing freedom, destroying communities and ruining lives.

New York Governor Kathy Hochul represents the sort of mindless hypocrisy we normally see about gun control from the failed Mayor of Chicago Lori Lightfoot. During her press conference about the SCOTUS decision, Hochul went viral for this remark:

“I’m sorry this dark day has come, that we’re supposed to go back to what was in place since 1788 when the Constitution of the United States of America was ratified. And I would like to point out to the Supreme Court justices that the only weapons at the time were muskets. I’m prepared to go back to muskets.”

For the Democrats, it’s a dark day when more of us are able to defend themselves in the hellscapes they’ve created. Hochus was widely slammed for her comments as we all have to ask: Why are the Democrats so obsessed with keeping the law-abiding unarmed? Meanwhile, Democratic politicians simultaneously end bail requirements for criminals and continue to defund the police destroying the morale and effectiveness of law enforcement.


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Hal
5 months ago

Left wingers can’t get their brains around the fact that “people” commit crimes, not “guns.” And they can’t get their brains around, to my knowledge a “gun’ has never been brought to court and charged with committing a crime. And Left wingers can’t get it thru their brain that guns in the hands of victims or potential victims tends to discourage crimes committed against a potential victim. Strange that you never hear much hue and cry about significantly/drastically increasing the penalties against a perpetrator using a gun, especially two-time user/losers.

MJB
5 months ago
Reply to  Hal

You have to have a brain to comprehend anything.

Paul Costello
5 months ago

The permit system may also be a violation of the Constitution. How can you license a right? A privilege, like driving a car, yes, but a right, NO, a PERMIT IS NOTHING MORE THAN PEOPLE CONTROL. This is what the commie left in this country want, a dictatorship. Like Obama said, why can’t we have one party and elect a leader from that party?? Zig Heil- o-brainless, not in this lifetime.

Hal
5 months ago
Reply to  Paul Costello

Good point. I do think it is Constitutional to require loss of a gun-carry/ownership right if he/she has committed a violent felony using a weapon.

2004done
5 months ago
Reply to  Hal

Hal: You’re opening up lawlessness farther than I would: VIOLENT felony? with a weapon? To ME, ANY felony demonstrates anti-social behavior enough; not just violent or using weapon.

Anonymous
5 months ago
Reply to  2004done

The Founding Fathers would be considered “antisocial” by many of their peers of the day.

Betsy.ross1776
5 months ago

All this is excellent but now we have a new law to overcome and it will take Supreme Court action. The new gun law passed by Congress and signed by Congress. The Senate wasn’t given time to read it and there were Republicrats that voted with the liberals!!!!!Be watchful.

Jeannie Huppert
5 months ago

Why are NO “leaders” pursuing researching how & where “bad guys” get weapons? and acting with their authorities to “nip that in the bud”??????

2004done
5 months ago

jeannie Huppert: “THEY” have already got the always-blame-the-purpler-states-for-the-blue-state’s-problemS-so-“THEY”-can continue-to-ASSert-but-what-if-communism/ socialism/ globalism-might-work-THIS-TIME?”

LovesFreedom
5 months ago

“New York Governor Kathy Hochul represents the sort of mindless hypocrisy” we see today not only from the “failed Mayor of Chicago Lori Lightfoot,” but from ALL so-called progressives. Muskets were most emphatically NOT the only weapons used in the eighteenth century when the American Revolution occurred. In addition to muskets, both Americans and the British used swords, cavalry sabers, bayonets, pistols, knives, lances and cannons to names just a few. In addition, the Indian allies of the British used tomahawks or modern day hatchets and bows and arrows. Ignorant woke/progressive/Marxist/Communist/Democratic party politicians, should keep silent about things they know nothing about. Which means we should never again hear anything from the leftist. May freedom, liberty and democracy live forever! God bless America!

Centurion
5 months ago
Reply to  LovesFreedom

Additionally, the British had the Puckle Gun during the Revolutionary War. It is a machine gun.

Dolf Reeves
5 months ago

A fantastic win for the Constitution and patriotic Americans. As early as the Federalist Papers, the Founding Fathers declared that the right to protect oneself, ones property, ones family and to have the means to overthrow a tyrannical government; is a God given right. The purpose of the Second Amendment was to allow the central government, i.e. the Federal Government to protect that right for us. As soon as these laws are enacted to “infringe” that right – the Supreme Court should declare them unconstitutional. We shouldn’t have to wait for a challenge. Every American should be able to travel through out the 50 states with a hand gun for self-defense and not need to worry about permits or local state laws.

Cudos to the Court and to Justice Thomas. His opinion is masterful and clearly bolsters the “right to keep and BEAR arms”.

Paul Costello
5 months ago
Reply to  Dolf Reeves

How do you license a right? you can’t, a permit is a license, crossing state lines should be no problem, the Constitution is federal not for individual states. Therefore what is a right in one state is a right in all of the rest, and what is a right in the Constitution is a right in every state in this nation.

Mike S
5 months ago

Although this SCOTUS ruling was directed at the state of New York, I believe it should also address California’s concealed carry limitations as well. California law allows Individual counties to determine the criteria for who can get a concealed carry license. My brother has always disagreed with my 2nd Amendment support, but he’s now had a change of heart since his wife witnessed a murder not far from their gated community home. (Fortunately, she was walking her full-grown German Shepherd, when she witnessed a fatal knifing in her neighborhood, otherwise, she may not have gotten home that night.) My brother has reversed his thinking and has taken all the right steps to protect his family courtesy of the 2nd Amendment. The rules of his county have thus far prevented him from acquiring a concealed carry license despite his circumstances. This SCOTUS ruling should change that, but how long will it take?

Larry Clarke
5 months ago
Reply to  Mike S

There will many law suits in federal courts in the states that limit one’s right to bear arms after this Supreme Court decision. Victory is coming very soon for the law abiding citizens of this country again. Thanks President Trump for having the courage to nominate good constitutional judges to the court.

Paul Costello
5 months ago
Reply to  Mike S

This ruling is a national ruling, not just one State. It is a Constitutional ruling based on the 2nd amendment. All states must comply as was the Heller decision a constitutional decision and all states are obligated to comply or they are in violation of your constitutional rights.

2004done
5 months ago
Reply to  Paul Costello

Paul Costello: Didn’t communism win the Hermes Awards for their “Heller was only for DC not the states,” followed by the same Hermes for “MacDonald was only for City of Chicago, not everywhere?” MY money says that A-hole communists will attempt the triple crown of Creative Marketing with “Bruen is only for NYCity, not L.A.” even if their delay is only for a few years.

Anne
5 months ago

Dear Mr. Farley,
You are going to love this bit of information. Marbury v. Madison ” A law repugnant to the Constitution is VOID. An act of Congress repugnant to the Constitution cannot become law.
Ex parte Siebold ” An unconstitutional law is void and is as no law. Norton v Shelby County. An unconstitutional act is not law. It confers not rights; it imposes no duties; affords no protection; it creates no office. It is, in legal contemplation, a inoperative as though it had never been passes.
Miranda v Arizona. “where rights secured by the Constitution are involved, there can be no rule-making or legislation which would abrogate them.
16 American Jurisprudence 2d. “No one is bound to obey an unconstitutional law, and not courts are bound to enforce it. The general rule is than and unconstitutional statues, whether federal or state , though having the form and name of law, is in reality no law, but is wholly void and ineffective for any purpose. An unconstitutional law is as inoperative as if it had never been passed.” If it wasn’t for general apathy and ignorance of the people’s own liberty, we would not have to obey most of the laws that Congress has written, certainly not Executive Orders, which are only constitutional for the Executive Branch. Isn’t knowledge wonderful.

Anthony
5 months ago

This is a great reversal for the State of New York, especially because the New York State Attorney General won’t prosecute criminals. People now have a way to defend themselves.

PaulE
5 months ago
Reply to  Anthony

Try to get a handgun permit in NYS and see what happens.

MariaRose
5 months ago
Reply to  Anthony

As Paul E states it is quite difficult to get a handgun permit in NYS, yet all the Liberal Democrats that support the No-Bail for the criminals are pearl-clutching about the “dangers” of law-abiding citizens carrying their guns around. Do they actually trust criminals with their illegally procured guns to do the safe thing (not use them) because they are now being allowed to roam uncontested in the streets? If the gun laws that are in place in NYS were properly enforced as they were written, without using all the loopholes and kickbacks to go around the laws, people like the Buffalo shooter would have never been able to buy his guns and other guns in the household would have been seized by authorities. NYS doesn’t like to admit its Tammany Hall roots.

J. Farley
5 months ago

To begin with, let me clarify that I never disgraced my family, I never went to Law School, however I can read and understand English, which is something that the left is having trouble with, because it is obvious that they have never read so therefore have no understanding of the Constitution. The First 3 articles deal with the Legislative, Executive and Judicial, branches of the Government and the manner in which they are Elected or Appointed and that they swear to Uphold and Defend the Constitution of the United States. It was ratified on the Seventh day of September of 1787, on December 15th, 1791, the first 10 Amendments to the Constitution, known as the Bill of Rights, was Ratified. I believe and I could be wrong, but I doubt it, (Tongue in Cheek) that the First, Nine Amendments Do Not Belong to the United States or to the States, but to the People, because they speak in terms of Individual Rights, (as Rights of the People or Person. I believe that the articles in the Bill of Rights can be altered by a vote of the People and Ratified by 3/4 of the States.
Sorry to you people on the Left, the thing you are missing because you can’t read here is Amendment 10 It reads — The powers not Delegated to the United States by the Constitution nor prohibited by it to the States, are reserved to the States respectively or to the People.
The United States never retained the rights to Marriage, Manner of voting, and your sore spot, Abortion, if there ever was a wrongly decided case it was the 1973 Abortion right decision.
Abortion has taken more lives than my Guns.
Abortion is important to the left, so plan not to be a parenthood can gut as many women as possible and sell the little Tikes Body Parts and give a kickback to the Democrats at Election Time.

J. Farley
5 months ago
Reply to  J. Farley

The last. line in the first paragraph should read: — only be altered by a vote of the people

Rocketfarmer
5 months ago

Power to the people!!

2004done
5 months ago

I’m amazed, SCOTUS applying the Constitution, and No Buildings Burning (yet?). I expected False Flag Shootings (too difficult to ascribe in Democrat-controlled cities?) and murders (same difficulty), looting (ibid) and riots, but ????

MariaRose
5 months ago
Reply to  2004done

Well, I think that a lot of people plan to do protesting this weekend in NYS because there’s been a lot of call-outs at many retail jobs. (after all, those are not really jobs just a paycheck to supplement government benefits)

Paul Costello
5 months ago

The wording of the decision, it puts in question the validity of a carry permit. The right to bear arms means anyone anywhere regardless of a permit or not, such as crossing state lines. I can bear arms in my own state why can’t I in another? The right is written from the Constitution and you cannot make law in contradiction to the constitution, therefore it stands to reason that you may carry across state lines anywhere in the United States. You are no less out of being in a position of self-defense in one state any more than you are in another. State laws or not, the threat in one is as it is in another and you have a constitutional right to bear arms away from your home,

Anthony
5 months ago
Reply to  Paul Costello

Excellent point Paul.

FJB
5 months ago

If the Second Amendment only applies to muskets, than the First Amendment only applies to writing with quill pens. Yet more proof that liberalism is a mental disorder.

FJB
5 months ago
Reply to  FJB

BTW, muskets were the AR15s of their time.

Joearcher
5 months ago
Reply to  FJB

So True. And television, radio, telegraph, and telephones were not invented yet. So does that mean that Freedom of the Press should revert back to newspapers and town criers?

jocko
5 months ago

HOPE ALL OF THE CRIMINALS TARGET libs ONLY

jocko
5 months ago

ALL libs ARE CANCEROUS AND ARE THE ENEMY OF OUR NATION

Robert Chiarello
5 months ago

In upstate NY a permit to carry concealed is the ONLY type of permit available. So even if a citizen wanted to buy and keep a handgun in their own home, it is necessary to obtain a carry permit before being able to purchase one. In other words you can’t buy a gun for home defense.

Barrett Smith
5 months ago

New York is losing population due to high taxes and restrictive governance.

Sara
5 months ago
Reply to  Barrett Smith

So is Illinois, thanks to stupid moronic democrat governor Pritzker

2004done
5 months ago

NOT TRUE! I moved to next upstate county (Broome) and “lost” my 25 year UN-Restricted permit because “then-licensing judge” only gave out hunt-fish-target permits to non-LEO (NEVER trust a bureaucrat clerk for accurate spiel, look up the law for yourself, unlike I didn’t)

Greg Snyder
5 months ago

All of the cast of characters who pushed back against English rule before the Revolutionary War would be denied a CCW permit under the old New York law. The point oof the Second Amendment was to allow the individual citizen the ability to resist a tyrannical government or tyrannical authorities. In those days when a governor appoinnted by the King became too abusive they would often carry his belongings into the street, cover him with tar and feathers, and sometimes burn his house. It is better that the leaders are fearful of the citizenry than the citizenry being fearful of the leaders.

SRS
5 months ago
Reply to  Greg Snyder

A strong amen to that!

Anne
5 months ago
Reply to  SRS

Me, too. Gee, why can’t we do that now? It might be fun just to see Pelosi’s face as her yacht and mansion went up in smoke.

David Millikan
5 months ago

ABOUT TIME THEY FOLLOWED THE U.S. CONSTITUTION.

Luke
5 months ago

Well….plan on spending a LOT of money for CCW permits in states that don’t agree with the supreme court. They’ll price everybody out of the permit game.

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