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Nassau Handgun Ban Lawsuit Benefits Gun Owners AGAIN! (NY)
SCOPE ^ | 16 June, 2009 | SCOPE

Posted on 07/09/2009 4:48:46 AM PDT by marktwain

Mineola, NY – June 17, 2009 – An important new ruling from a New York intermediate appellate court found that the fundamental right to possess a handgun applies in New York. On this point, the court relied on the decision in Chwick v. Mulvey, the lawsuit that challenged Nassau County’s ban on the possession of handguns mislabeled as “deceptively colored.”

People v. Perkins, a decision of the Supreme Court Appellate Division, Third Department, cites Chwick for the proposition that the United States Supreme Court’s Heller decision, which held that the right to possess a handgun is a fundamental right, applies to challenges of New York gun laws through Civil Rights Law § 4. That state law mirrors the Second Amendment in the United States Constitution. In briefing Chwick, the petitioners argued that Heller must apply to New Yorkers because prior New York rulings held that the interpretation of the right to keep and bear arms provision in state Civil Rights Law follows federal case law on the Second Amendment. Nassau County did not contest the Chwick petitioners’ argument that Heller applies in New York via the Civil Rights Law, and the state Supreme Court accepted it as well.

(Excerpt) Read more at groups.google.com ...


TOPICS: Constitution/Conservatism; Extended News; News/Current Events; US: New York
KEYWORDS: banglist; heller; ny; supremecourt
Interesting litigation going on in New York.
1 posted on 07/09/2009 4:48:46 AM PDT by marktwain
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To: marktwain

Now how about being able to get a Remington 700 without a background check in NYC?


2 posted on 07/09/2009 4:53:32 AM PDT by wastedyears (The Tree is thirsty and the hogs are hungry.)
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To: wastedyears
Now how about being able to get a Remington 700 without a background check in NYC?

You still have to have the Brady check no matter what city you buy it in.

3 posted on 07/09/2009 4:57:05 AM PDT by SeeSharp
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To: marktwain

“deceptively colored.”

As though there is an obligation to only have highly visable weapons......


4 posted on 07/09/2009 4:57:09 AM PDT by G Larry (ObamaCare = "DYING IN LINE!")
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To: marktwain
possession of handguns mislabeled as “deceptively colored.”

I don't know how they intended this , but I have noticed that handguns tend to be prohibited in predominantly Black communities such as Washington and Chicago. Perhaps the "progressive" courts and lawmakers still don't believe that Blacks should have second amendment rights.

5 posted on 07/09/2009 4:59:31 AM PDT by joshhiggins
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To: SeeSharp

And background checks do not apply to black powder pistols.....yet they can kill just as easily.

Absolutely no logic at all when it comes to gun legislation.


6 posted on 07/09/2009 5:01:39 AM PDT by Red in Blue PA (If guns cause crime, then all of mine are defective!)
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To: joshhiggins

Heck, most blacks do not believe that blacks should have second amendment rights.


7 posted on 07/09/2009 5:02:42 AM PDT by Red in Blue PA (If guns cause crime, then all of mine are defective!)
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To: marktwain

WHY is God’s Name were BLUE guns (blued steel finish?) ever banned? LOL What jerks!


8 posted on 07/09/2009 5:06:33 AM PDT by 2harddrive (then)
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To: 2harddrive

Why IN, I meant.


9 posted on 07/09/2009 5:07:22 AM PDT by 2harddrive (then)
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To: SeeSharp

nyc requirese a license for all guns..

the rest of the state does not(just handguns).


10 posted on 07/09/2009 5:30:12 AM PDT by Vaquero ("an armed society is a polite society" Robert A. Heinlein)
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