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After Nine's Gun Ruling, N.Y.'s Gun Laws May Be Next
NY Sun ^ | June 19, 2008 | JOSEPH GOLDSTEIN

Posted on 06/19/2008 12:29:43 PM PDT by neverdem

City's Restrictions Described as 'Good Target' for Suit

If gun enthusiasts are victorious this month when the Supreme Court declares what rights exist under the Second Amendment, their next target may be New York City's strict gun control laws.

The federal high court may issue its historic decision on gun rights as early as today, and certainly by no later than month's end.

Obtaining a gun license in New York City is now a lengthy and costly endeavor. In the span of a decade, a New Yorker with a licensed handgun at home will pay more than $1,000 in fees.

Some of the obstacles facing prospective gun owners in the city may change if the Supreme Court rules that individuals have a constitutional right to keep a gun for protection.

"If there is an individual right, then bureaucratic discretion in permitting...,"

--snip--

Gun rights proponents interviewed cited two items in New York's gun control laws that would be especially vulnerable to legal challenge depending on the Supreme Court's ruling. One is a requirement that firearms generally be kept inoperable when not being handled. The other is a licensing fee of $340 that New Yorkers must pay every three years in order to keep a handgun at home or at a business.

"Does it constitute an infringement of an individual right guaranteed by the Bill of Rights to charge a citizen $340 every three years for exercising that right?" Mr. Brophy asked, adding that he believed it was an infringement. "You can't tax a right out of existence and call it a user fee," he said.

Mr. Feinblatt said that the licensing fee didn't raise an issue.

"Nobody who pays the fee likes to pay the fee, but there isn't a constitutional right not to have a fee," he said.

(Excerpt) Read more at nysun.com ...


TOPICS: Constitution/Conservatism; Crime/Corruption; Front Page News; Politics/Elections; US: District of Columbia; US: New York
KEYWORDS: bang; banglist; heller; judiciary; scotus
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Tell Virginia with its $1.50 poll tax. That was declared unConstitutional.
1 posted on 06/19/2008 12:35:16 PM PDT by neverdem
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To: neverdem

If the Standing Constitutional Convention rules correctly, then all federal and State gun regulations will be challenged. The next issue will whether Second Amendment gets “incorporated”.


2 posted on 06/19/2008 12:40:58 PM PDT by Repeal 16-17 (Let me know when the Shooting starts.)
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To: neverdem

Kennedy’s siding with the infamous four on two recent SCOTUS decisions has me concerned.


3 posted on 06/19/2008 12:43:02 PM PDT by ZULU (Non nobis, non nobis Domine, sed nomini tuo da gloriam. God, guts and guns made America great.)
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To: neverdem

The day the courts rule the Sullivan Laws unconstitutional, I will be doing a Mazurka through the streets.


4 posted on 06/19/2008 12:44:46 PM PDT by Clemenza (No Comment)
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To: Repeal 16-17
If the Standing Constitutional Convention rules correctly,

LOL! If the Standing Constitutional Convention rules incorrectly, all bets are off. It will be interesting times if we have to start over again from scratch, to say the least.

5 posted on 06/19/2008 12:47:30 PM PDT by neverdem (I'm praying for a Divine Intervention.)
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To: ZULU
If Kennedy does what he did in Kelo and this year's GITMO case, the Liberals will push for gun confiscation. At that point, discussions of secession and revolution will begin.
6 posted on 06/19/2008 12:49:21 PM PDT by Repeal 16-17 (Let me know when the Shooting starts.)
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To: Clemenza
The day the courts rule the Sullivan Laws unconstitutional,

That's all I had to read. I knew it was you.

7 posted on 06/19/2008 12:50:44 PM PDT by neverdem (I'm praying for a Divine Intervention.)
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To: ZULU

This country is waaaay out of whack.


8 posted on 06/19/2008 12:51:25 PM PDT by stevio (Crunchy Con - God, guns, guts, and organically grown crunchy nuts.)
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To: ZULU

“Kennedy’s siding with the infamous four on two recent SCOTUS decisions has me concerned.”

You and me both.


9 posted on 06/19/2008 12:55:17 PM PDT by devere
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To: Clemenza

I’ll see your Mazurka and raise you a Highland Schottische!


10 posted on 06/19/2008 1:15:23 PM PDT by AnAmericanMother (Ministrix of Ye Chase, TTGC Ladies' Auxiliary (recess appointment))
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To: neverdem
If gun enthusiasts are victorious this month when the Supreme Court declares what rights exist under the Second Amendment, their next target may be New York City's strict gun control laws.

Gun enthusiasts know better than to bring a knife to a gun fight, yet they think they can bring a gun case to a legal fight and not lose a little.
There is no winning, no matter what SCOTUS rules. The Second Amendment can only be "interpreted" to its detriment. We'll see new gun control within the terms set down by the Supreme Court.

11 posted on 06/19/2008 1:17:07 PM PDT by 668 - Neighbor of the Beast (Teach your child to be an American. Take him out of public school.)
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To: Repeal 16-17
At that point, discussions of secession and revolution will begin.

but but - wasnt that stimulus check enough to keep you happy ?

wait til bass season is over

12 posted on 06/19/2008 1:41:56 PM PDT by Revelation 911
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To: neverdem

I now think the odds of an overturn of the D.C. gun ban are less than 50%.


13 posted on 06/19/2008 1:47:32 PM PDT by montag813
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To: devere

The LENGTH of time its taking for a decision on this issue is, in itself, ominous. It should have been a simple thing, based on the intial court hearing.

My guess is the Libs are trying to figure out some way to twist logic and reason and come out in support of Washington D.C. without looking like the total @$$e$ they are.


14 posted on 06/19/2008 2:01:19 PM PDT by ZULU (Non nobis, non nobis Domine, sed nomini tuo da gloriam. God, guts and guns made America great.)
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To: montag813; El Gato; E. Pluribus Unum; 668 - Neighbor of the Beast; ZULU
I now think the odds of an overturn of the D.C. gun ban are less than 50%.

I don't. Grant new rights to terrorists by saying we must remain true to the Constitution, and then turn around and lessen a natural born citizen's right to self defense? That makes no sense. Kennedy's kick is broadening individual rights, not lessening them, according to Jan Crawford Greenberg, ABC legal analyst, IIRC. They won't touch other infringements with this case if they want to keep it simple. Incorporation would be a plus.

15 posted on 06/19/2008 2:07:28 PM PDT by neverdem (I'm praying for a Divine Intervention.)
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To: neverdem

I hope they challenge Rhode Island’s draconian gun laws as well. You can’t even get a concealed weapons permit unless you present a “need” which apparently doesn’t include self-protection.


16 posted on 06/19/2008 2:14:58 PM PDT by newenglandredneck (Take back our Country. Deport the illegal aliens.)
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To: neverdem

No it wasn’t. It took the 24th Amendment to the Constitution to make poll taxes unconstitutional.


17 posted on 06/19/2008 2:57:16 PM PDT by VanShuyten ("Ah! but it was something to have at least a choice of nightmares.")
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To: neverdem
i hope so... i have NYS issued CCW permit and it's no good in the rotten apple.
18 posted on 06/19/2008 3:15:24 PM PDT by Chode (American Hedonist ©® - CTHULHU/SHOGGOTH '08 = Nothing LESS!!!)
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To: neverdem
Supreme Court justices are just as susceptible to the allure of fame and praise as anyone else. Kennedy may become a permanent fixture in the 5-4 liberal court. If he was lionized by the left for the Guantanamo debacle, what praise and celebration would he receive if he killed the 2nd Amendment?
19 posted on 06/19/2008 3:43:54 PM PDT by JimSEA (Kaffur and proud of it.)
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To: neverdem

Mississippi’s also.


20 posted on 06/19/2008 3:53:28 PM PDT by razorback-bert (Demorats tax returns consists of "welfare in" and " child support out.")
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