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A new gun rights issue arises (NY)
SCOTUSBLOG ^ | January 29th, 2013 | Lyle Denniston

Posted on 02/01/2013 7:13:28 PM PST by neverdem

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1 posted on 02/01/2013 7:13:31 PM PST by neverdem
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To: neverdem

The Second Amendment has no limits on firepower nor on geographical location.


2 posted on 02/01/2013 7:29:43 PM PST by bunkerhill7 (The Second Amendment has no limits on firepower.)
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To: neverdem

The Second Amendment has no limits on firepower nor on geographical location.


3 posted on 02/01/2013 7:29:56 PM PST by bunkerhill7 (The Second Amendment has no limits on firepower.)
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To: neverdem
Next question, if you are simply visiting NY for a day or so can you get a permit?

Next question, if you just traveling through the state to get to New England can you get a permit?

Next question, can I apply for a New York gun permit from Virginia?

Next question, do I actually ever have to visit New York to be issued a permit?

Seems to me the USSC following the dicta that you can't absolutely prohibit the carrying of a firearm could well end up allowing non-resident, non-visitors to have permits to carry firearms in New York even though residents could be denied such permits.

We also need to go to work on this business of government officials being able to violate gun free fire zones at will.

4 posted on 02/01/2013 7:30:45 PM PST by muawiyah
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To: neverdem

This reply is off-topic, but may be of interest to those interested in New York state’s putsch for gun control and confiscation.

I was told this by a friend who lives there, can’t vouch for its content, but this is what he told me. Take it with a grain of salt.

Recently there was a gun show in northern Pennsylvania not too far from the New York state line (not the big one in Harrisburg that got cancelled).

In the parking lot, there were individuals from New York state (not sure whether they were agents of the NY state police, or some other NY state agency), who copied down the license plate numbers of any New York registered vehicles that were parked for the show (remember, this is happening inside PA).

Later on, the NY state police set up roadblocks on the roads leading back across the state line, and stopped and questioned vehicles that were “on the list”. I don’t know whether they simply questioned the drivers or conducted a “plain sight” search (or anything more than that), but I’m told they confiscated any ammunition purchased at the show as being brought into NY state in violation of the new state law — which isn’t even in effect as of yet.

Again, can’t vouch for the absolute veracity of this, but that’s what I was told.

Is this a portent of what’s to come there?


5 posted on 02/01/2013 7:35:37 PM PST by Road Glide
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To: muawiyah

I have been screaming about this for years - I have a cabin in NY, but live in VA. Glad to see it is finally getting some attention.


6 posted on 02/01/2013 7:40:36 PM PST by patton (Tinker toys, watches, and shiny things - we all sell rocks for a living.)
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To: Road Glide

“In the parking lot, there were individuals from New York state (not sure whether they were agents of the NY state police, or some other NY state agency), who copied down the license plate numbers of any New York registered vehicles that were parked for the show (remember, this is happening inside PA).

Later on, the NY state police set up roadblocks on the roads leading back across the state line, and stopped and questioned vehicles that were “on the list”. I don’t know whether they simply questioned the drivers or conducted a “plain sight” search (or anything more than that), but I’m told they confiscated any ammunition purchased at the show as being brought into NY state in violation of the new state law — which isn’t even in effect as of yet.

Again, can’t vouch for the absolute veracity of this, but that’s what I was told.”

Here is how the NY residents who went to PA should have handled it:

Have a friend park his car somewhere else. A few miles away from the “show” at the very least. After the show take your “stuff” to the car that was parked somewhere else. Put your “stuff” in that car. Then the two drives go their separate ways. The car on the “check list” gets pulled over and searched. Nothing is found. The car not on the “check list” doesn’t get pulled over.

Problem solved.


7 posted on 02/01/2013 7:53:56 PM PST by Nik Naym (It's not my fault... I have compulsive smartass disorder.)
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To: patton

Yes - lot’s of questions for New York. My vacation camp in NY has a new bear problem. We need a gun when we walk in the woods.


8 posted on 02/01/2013 7:57:53 PM PST by mom.mom
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9 posted on 02/01/2013 8:08:15 PM PST by musicman (Until I see the REAL Long Form Vault BC, he's just "PRES__ENT" Obama = Without "ID")
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To: Nik Naym

NYSRPA checked this. NYS police did not have roadblocks set for this event. False rumor.


10 posted on 02/01/2013 8:19:11 PM PST by lunarville (Common sense ain't so common anymore...)
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To: mom.mom

Not to worry...maybe NY will let you have a BB gun.

/sarcasm


11 posted on 02/01/2013 8:34:34 PM PST by txrangerette ("...hold to the truth; speak without fear..."(Glenn Beck))
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To: neverdem

License is another word for infringement.


12 posted on 02/01/2013 9:11:43 PM PST by Caipirabob (Communists... Socialists... Democrats...Traitors... Who can tell the difference?)
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To: muawiyah

#4: Re your questions. Some are superfluous to the issue.

Let’s deal with the original issue, a person who lives out of state (Louisiana) has a second vacation home in NY. Can he be issued a gun permit in NY because he lives there part-time?

His claim should be, besides that of the 2nd Amendment, that since he pays property taxes (to county, city, state, etc), he is taxed as a resident, and not as a visitor who doesn’t own any property there.

Therefore his staying on “property” he owns in NY qualifies him as a “legal resident”, even if it is only parttime.

This is solely a “owning property, paying taxes on them” issue, not that of an itinerant visitor (who pays no property tax). Let’s keep the argument simple and direct.

Next question: Why doesn’t NY have reciprocity with other states who issue their residents legal CC Permits? Also, if their own state has such as reciprocity, make it a state to state issue.

If one’s state doesn’t have a reciprocity system, advocate for it.

If there is a “reciprocity agreement” between the states involved, you might not have to appear in the other state to get a permit, though it would be a significant deterrent to fraud if you appeared in person with your state permit and other identity papers.

Another way might be for your local police to vouch for your identity and have them send NY confirmation of your local permit and identity, for a set processing fee.

Comments anyone?


13 posted on 02/01/2013 10:28:46 PM PST by MadMax, the Grinning Reaper
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To: MadMax, the Grinning Reaper
Why not take it from this position ~ the second amendment has been federalized and is applicable to the entire country. It should no longer matter where you live provided the United States government recognizes your legal right to live here.

Ergo, New York has no right to establish its own permitting and use standards.

14 posted on 02/02/2013 3:31:17 AM PST by muawiyah
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To: MadMax, the Grinning Reaper

Well, I’m the itinerant non-taxpayer you’re talking about, so let me chime in.

My elderly father lives in NY. Since Mom passed away, we visit more frequently. He lives in a highly populated area where (guess what) crime is increasing.

I have other family in DC and Virginia, and we visit there two or three times a year. The drive down passes through NY, NJ, and Maryland.

I have a home state CCW, as well as VA non-resident. I cannot get NY or DC (because there are no non-resident permits), and I have been told that although there are such things as NJ and MD non-resident CCW permits that they are never issued to people like me.

So, as a NY-NJ-MD-DC non-resident, I am disarmed by the law. This is a substantial infringement on my liberty (even if there were no 2A), it puts my family at risk, it fails to give full faith and credit to the actions of my home state as well as the other states that have issued me permits.

The right of self-defense is a natural, not a constitutional one. This infringement on my liberty by the states of NY, NJ and MD, and by Congress in the case of DC is EXACTLY what the opponents of Amendments I-VIII said would happen if some of our natural rights were enumerated, which is why IX and X were included.

So, although I lack standing to sue NYS or Congress in the case of DC, I’m not sure the nonresident CCW holders who have been arrested, had their firearms confiscated, or who have been fined and incarcerated in those places don’t have a case.


15 posted on 02/02/2013 3:53:22 AM PST by Jim Noble (When strong, avoid them. Attack their weaknesses. Emerge to their surprise.)
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To: neverdem; All

“The opinion set no time limit on the state court’s answer to the question about the scope of the New York residency law, but it expressed confidence that any delay would not be extensive.”

Bulls__t!!!

Even in this day and age of dwindling job positions around the country, I would be hard pressed to even accept a temp position in NY...To me it would not be worth it...


16 posted on 02/02/2013 6:36:38 AM PST by stevie_d_64 (It's not the color of one's skin that offends people...it's how thin it is.)
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To: Road Glide

I fully expect NY to place border stations on all roads in and out of NYS.


17 posted on 02/02/2013 6:51:23 AM PST by Ouderkirk (Obama has turned America into an aristocracy of the unaccomplished.)
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To: muawiyah

Answer...all NO.


18 posted on 02/02/2013 6:52:38 AM PST by Ouderkirk (Obama has turned America into an aristocracy of the unaccomplished.)
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To: lunarville; Nik Naym
it's a recurring story based on an old practice by Maryland's ABC cops. They look and act just like state troopers but they're different in some way.

DC has private liquor stores ~ they have sales ~ they have lower liquor taxes ~ or did for many years ~ Congressmen buy their booze in DC so it'd best be low.

People from Maryland would drive over to DC to buy booze. Maryland cops would hang out to watch what they bought, then, sometimes, they'd follow them home, or, if the guy bought enough ~ they'd know he was buying for a business ~ and they'd just show up at his business and bust him. Ya' gots' to have them thur murland stamps on ye bottles!

Only rarely did they tag someone for his personal purchases ~ just wasn't worth it.

Currently they seem to be out of that business. Both Maryland and Virginia tightened up some of the laws regulating out of state cops when we found out Mayor Bloomburg was using NYC cops to run guns. Currently he can't even fly into Dulles or Reagan airports for fear of arrest. He has to go to Baltimore!

19 posted on 02/02/2013 8:05:25 AM PST by muawiyah
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To: Nik Naym

“”Have a friend park his car somewhere else....””

People from Mass were using that technique for tax-free N.H. booze.


20 posted on 02/02/2013 10:12:33 AM PST by Peet (TurboTax: "So simple even a Secretary of the Treasury can use it!")
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