Monday, October 10, 2022

It's nice to see New York being told "This crap doesn't cut it."

Not as fully as I'd like, but still a step.
..."In essence," Suddaby says, "New York State has replaced its requirement that an applicant show a special need for self-protection with its requirement that the applicant rebut the presumption that he or she is a danger to himself or herself, while retaining (and even expanding) the open-ended discretion afforded to its licensing officers. Simply stated, instead of moving toward becoming a shall-issue jurisdiction, New York State has further entrenched itself as a shall-not-issue jurisdiction."

Suddaby's TRO also applies to New York's requirement that applicants supply information about their social media accounts so that licensing officials can decide whether they have said anything suggesting they lack "good moral character." As the gun owners who challenged the new regulations saw it, that demand violated the right to freedom of speech as well as the right to bear arms, making the latter contingent on how applicants have exercised the former.

Suddaby also blocked enforcement of New York's requirement that carry-permit applicants meet in person with licensing officials for an interview, saying "the Court finds that no such circumstances exist under which this provision would be valid." He likewise said the state had failed to justify its demand for the "names and contact information for the applicant's current spouse, or domestic partner, any other adults residing in the applicant's home, including any adult children of the applicant, and whether or not there are minors residing, full time or part time, in the applicant's home." Suddaby deemed that requirement "far more invasive and onerous" than the requirement that an applicant supply four character references, which he let stand.


1 comment:

Glypto Dropem said...

The anti-gun blue states are being hammered coast-to-coast by lawsuits challenging their unconstitutional/intolerable acts against the lawful firearms owners and their property.

In my own state of Kommiecticut, state officials are apoplectic about the looming possibility of all their gun control being abolished in the courts. The only reason any of it still stands is because it has never been effectively challenged until now. AG Ting-Tong has resorted to calling those exercising their rights in the courts as "DANGEROUS EXTREMISTS" that are hell bent on making our state more dangerous. Not one single gun law (meaning infringement) on the books has ever made me feel safe, but the "Condition 1" firearm always on my right hip certainly does. They believe everyone that owns firearms and especially those that carry them is just one click away from committing violent crimes. Not true at all, but what is true, is that through projection, THEY ARE actually the ones with no self-control and impulsive behavior that would kill someone over a parking space.