Search This Blog

De Omnibus Dubitandum - Lux Veritas

Tuesday, August 4, 2020

How Does New York City Get Away With This?

by Stephen P. Halbrook -Sunday, July 26, 2020

“Under New York law, it is a crime to possess a firearm,” held the U.S. Court of Appeals for the Second Circuit in U.S. v. Sanchez-Villar (2004). This ruling was based on the state’s ban on the possession of an unlicensed handgun. This Court also said that police officers who see a gun are “justified in seizing it because of its ‘immediately apparent’ incriminating character.” This prohibition did not offend the Second Amendment, said this ruling, because “the right to possess a gun is clearly not a fundamental right.”

Later rulings by the U.S. Supreme Court—D.C. v. Heller (2008) and McDonald v. Chicago (2010)—begged to differ. These rulings held that the right to possess a gun is indeed a constitutional—and therefore fundamental—right. But the Second Circuit must not have gotten the memo, because in 2018 it upheld New York City’s ban on taking a licensed handgun out of one’s house to go to a range or second home outside the City.............To Read More.....

No comments:

Post a Comment