Skip to comments.Nassau Handgun Ban Lawsuit Benefits Gun Owners – AGAIN! (NY)
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 Countys 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 Courts 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.
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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.
As though there is an obligation to only have highly visable weapons......
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.
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.
Heck, most blacks do not believe that blacks should have second amendment rights.
WHY is God’s Name were BLUE guns (blued steel finish?) ever banned? LOL What jerks!
Why IN, I meant.
nyc requirese a license for all guns..
the rest of the state does not(just handguns).