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.....
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