New York Repeals The Second Amendment
The Supreme Court has made it difficult for states and cities to ban guns outright -- they keep insisting that the Second Amendment means what it says. Still, New York City is giving it the old college try. Under proposed regulations, the City can deny a gun permit to anybody for just about any reason, including:
- being arrested (not convicted, mind you, just arrested) for anything other than a minor traffic violation;
- a poor driving history,
- getting fired from a job "under circumstances that demonstrate lack of good judgment or lack of good moral character,"
- failure to pay legally required debts such as child support, taxes, fines or penalties imposed by governmental authorities....
- lack of candor towards lawful authorities
Being arrested? Whatever happened to the presumption of innocence? Bad driving? Debts? How is any of this a reasonable regulation of gun ownership?
Interviewed by Fox, the president of the Brady campaign supported the measure saying that all these things are indicia of whether a person can be "trusted" with a gun. Any takers? I wonder what would happen if the City tried to impose similar conditions on the exercise of First Amendment rights. (ht: Volokh Conspiracy).
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Oct '10
Re: New York Repeals The Second Amendment
It's important to note that Heller wasn't so much a victory as it was a stay of execution. We had only five of the nine justices who agreed with the plain language of the 2nd Amendment. What that tells us is that if the issue ever is revisited after, for example, Justice Scalia retires and is replaced the usual product of an Ivy League legal education, you can kiss that right goodbye.
This is one of the many reasons we are in a post-Constitutional era. We allowed the judicial branch to assume powers that the Founders never intended them to have and we appointed people to the bench all all levels who were grossly unsuited to protecting and defending the Constitution.
It's also a good illustration of what happens when the executive and legislative branches outsource the decision on what is constitutional or not over to the judicial branch.
Oct '10
Re: New York Repeals The Second Amendment
The 17th ammendment cuts both ways. In this case it should be used to apply the 2nd ammendment to the City of New York if the regulations are instituted. However, I doubt that the justice department will do so since they are so preoccupied with going after civil rights violations.
Aug '10
Re: New York Repeals The Second Amendment
Here in gloriously beautiful Curry County on the South Coast of Oregon, where the Rogue River meets the Pacific and the forests come down to the edge of the sea, being well-armed is more or less the norm and there very few homes in which there is not at least one gun-- and we have remarkably little crime.
Our predators tend to have four feet, not two, but we're pretty much prepared for whatever comes our way.
In New York, where low-to-mid-level crime is already so rampant as to be an expected part of daily living and only the most horrific incidences merit mention on the news, they're now working to make it virtually impossible for people to defend themselves, their homes, their families, or their businesses.
Tell me, Mayor Bloomberg, just how do you think that's going to work for you?
Edited on Oct 27, 2010 at 12:23pmSep '10
Re: New York Repeals The Second Amendment
We should remember this post when a democrat brings up regulation as a solution to anything. The regulators will always overreach and basically be ridiculous. What is the Reagan quote, the more the plans fail the harder the planners plan?
For example, I am in Pittsburgh this week where you cannot buy a case of beer except in special stores; except for some grocery stores which can sell bear but only one twelve pack at a time.
Everytime a new regulation is proposed it requires a certain amnesia as to how regulations work whenever they are actually applied to us.
May '10
Re: New York Repeals The Second Amendment
Lack of candor? Getting fired? Are they serious?
I so live in Georgia for a reason.
May '10
Re: New York Repeals The Second Amendment
I was told by a professor that being in the military won't enhance my chances of getting a regular home permit, let alone a right to carry permit. Thank you City of New York.
Edited on Oct 27, 2010 at 4:52pmSep '10
Re: New York Repeals The Second Amendment
This is why no one ever gets shot in NYC. . . scratch that, this is why so few criminals get shot in NYC.
Anyway, it is still easier to get a legal handgun in King Mike's New York than it is to get something fried in hydrogenated oils. So, the 2nd amendment is having a small impact at least.
Jun '10
Re: New York Repeals The Second Amendment
Send money to the 2nd Amendment Foundation. They led the charge in Heller and McDonald, and I'm sure they'll be all over this one.
Jul '10
Re: New York Repeals The Second Amendment
It is interesting when a government entity attempts to elude a very specific law (2nd Amendment) by shrouding it in ambiguity. The proposed statute seems to remarkably unconstitutional.
I suppose that bothers me the most. These folks know exactly what the constitution says. But they don't really care. They do not hesitate to toss it overboard if it gets in the way of their ideology.
May '10
Re: New York Repeals The Second Amendment
Adam Freedman:
Interviewed by Fox, the president of the Brady campaign supported the measure saying that all these things are indicia of whether a person can be "trusted" with a gun.
In other words, New York City has initiated a pre-crime program. Steven Spielberg would be proud.