Monday, June 10, 2019

New York Rifle and Pistol Association Versus the City of New York

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The United States Supreme Court took up its most important gun rights case in nearly a decade. The Supreme Court will hear a challenge against New York City's strict restrictions on handgun transportation outside the home and outside the state.

Facts of the Case

It is illegal in the state of New York to assume ownership of a firearm without a valid license. For a handgun license, as the holder of the weapon, you must apply with the local license office. Under the laws of New York, the firearm license officer is the police commissioner. There are two types of licenses in the state of New York; the carry license and the premises license. The premises license permits the firearm license holder to possess within his dwelling a handgun (a pistol or revolver). A premises license is specific and valid only to the stated address with exceptions under specified circumstances. An example of such circumstance is the transportation of the firearm to and from a small arms range or shooting club. This exception only works when the firearm is transported unloaded and locked in a container. Should the licensee wish to carry ammunition, they must get a separate carriage.

Three New York residents (holders of premises firearm licenses) sought to transport their firearms outside the state to shooting ranges and competitive events, which is prohibited by the current law. The petitioner, New York State Rifle and Pistol Association and the three individuals filed a lawsuit in federal district court, requesting the court to declare the current restrictions by the city as unconstitutional and enjoin the enforcement of the rule.

Implications of the Supreme Court's anticipated decision on New York's Gun Laws

1. Interstate Commerce

The current laws of New York do not only place a restriction on its citizens' 2nd Amendment rights but also deprives out of state businesses like hunting parks and shooting ranges from a stream of income. Because the law does not allow you to carry your gun out of state, to a certain degree, you may feel discouraged to travel out of state to a shooting range. This negatively affects businesses that offer these services. Should the supreme court declare the New York gun law as unconstitutional, there will be a positive economic impact, which may mean jobs and income for the locals.

2. Travel

What happens when you move from one state to the next? New York's Current laws prohibit anyone from transporting a licensed firearm from the stated residence to outside the state. For example, if you decided to uproot your New York home to settle in Chicago, your licensed firearm would pose a legal challenge to your plans. If the Supreme Court were to stop the City of New York from enforcing these rules, citizens could move freely with their guns from state to state.

3. 2nd Amendment Rights Infringement

Restricting the transportation of arms and ammunition threatens the right to bear arms. Some people do not own guns because of New York's gun policies. If a favorable result comes from the Supreme Court, citizens may get to enjoy their fundamental constitutional rights by purchase their good concealed carry pistol from one of the leading Utah gun stores online.

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