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Old Oct 30, 2013, 11:03 am
  #16  
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Originally Posted by Always Flyin
Because of idiotic guns law in New York.
Just to clarify, the idiotic gun laws are in New York CITY - my understanding (IANAL) is that the rest of New York State has more reasonable laws.
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Old Oct 30, 2013, 2:36 pm
  #17  
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Originally Posted by RatherBeOnATrain
Just to clarify, the idiotic gun laws are in New York CITY - my understanding (IANAL) is that the rest of New York State has more reasonable laws.
A bit more reasonable, though still very idiotic.
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Old Oct 31, 2013, 2:01 am
  #18  
 
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Originally Posted by cestmoi123
Yes, it actually is. It means that the appellate decision is good law.
It is not a proclamation from the Supremes either way as to whether the appellate decision is or is not good law.

The Supremes simply declined to hear the appeal, and there are a lot of reasons why they might chose not to (e.g., there are three related cased pending in the 9th Circuit and perhaps they want to wait for decisions on those first).

You can't read any more into it.
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Old Oct 31, 2013, 1:31 pm
  #19  
 
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Originally Posted by Always Flyin
It is not a proclamation from the Supremes either way as to whether the appellate decision is or is not good law.

The Supremes simply declined to hear the appeal, and there are a lot of reasons why they might chose not to (e.g., there are three related cased pending in the 9th Circuit and perhaps they want to wait for decisions on those first).

You can't read any more into it.
What you can read from it is that the Appellate decision is, for the moment, good law within the circuit footprint. Certainly, that can change, if, if future the Supremes do issue a ruling that's on point. For example, if the Supremes were to rule that a "well regulated militia" referred to the National Guard, and that hence only uniformed National Guard members could possess firearms, then that would certainly overturn NYC's CCW rules, since they would then become too lax.
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Old Nov 1, 2013, 12:49 am
  #20  
 
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Originally Posted by cestmoi123
What you can read from it is that the Appellate decision is, for the moment, good law within the circuit footprint.
Yes, based on the facts of that case.

I have not read the case. Do you have a citation or the name of the plaintiff so I can?

As to "may issue" a concealed carry permit in New York City, that is a joke. Unless you are Donald Trump, it is a "shall not" issue jurisdiction.

Certainly, that can change, if, if future the Supremes do issue a ruling that's on point. For example, if the Supremes were to rule that a "well regulated militia" referred to the National Guard, and that hence only uniformed National Guard members could possess firearms, then that would certainly overturn NYC's CCW rules, since they would then become too lax.
Based on Heller and McDonald, that isn't likely to happen.

Those Supreme Court cases dealt with handgun bans in D.C. and Chicago. Let me ask you this, at what point does the regulatory scheme become so oppressive that it significantly affects the rights of law abiding citizens to possess firearms and thus fails to pass Constitutional muster?

New York City requires a handgun permit to possess a handgun or handgun ammunition in the city. Obtaining such a permit, on average, takes up to 8-months, hundreds of dollars in fees, fingerprinting, multiple personal interviews at the main police station in downtown Manhattan, and must be regularly renewed. The handgun must remain in the home or licensed business (except for transport directly to/from a firing range), kept unloaded with a trigger lock and then in a locked container, and ammunition must be kept in a separate locked container.

NYC is doing everything it can to dissuade anyone from possessing a firearm in the city.

That combination of requirements certainly doesn't sound reasonable to me for the exercise of what the Supreme Court has already determined is Constitutionally protected activity.
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Old Nov 1, 2013, 3:04 pm
  #21  
 
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Originally Posted by Always Flyin
Yes, based on the facts of that case.

I have not read the case. Do you have a citation or the name of the plaintiff so I can?
http://lawprofessors.typepad.com/files/11-3642_opn.pdf
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Old Nov 2, 2013, 7:12 am
  #22  
 
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Thanks. Well written decision.

Of course, the laws in D.C. and Chicago were upheld as well until the Supreme Court stepped in.
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