Federal Court Strikes Down Another Provision of New York’s New Gun Control Law, by Jonathan Turley

Good news! New York’s gun laws, repeatedly overturned by the courts, paradoxically have on balance expanded gun owners’ freedom. From Jonathan Turley at jonathanturley.org:

I have previously written about how New York has proven time and time again as the gift that keeps on giving for the National Rifle Association (NRA) and gun-rights groups. New York Democrats continue to pass laws that are virtually guaranteed to be struck down and further reinforce Second Amendment rights. The latest provision involves the possible criminal prosecution for possessing a gun on private property if the owner has not approved such possession on the premises.

New York Democrats have passed a series of laws that led to catastrophic losses in federal court, including the recent major ruling in New York State Rifle & Pistol Association, Inc. v. Bruen. This includes openly gaming litigation to the irritation of individual justices.

After each loss, the same politicians circle the firing squad again and pass the next round of questionable gun limits. New York Democratic Gov. Kathy Hochul promised such legislation within an hour of the release of Bruen.  It passed with the help of a special session in the resumption of this inexorable cycle and has already resulted in court losses. Now there is a new such ruling against the law.

In New York State Rifle & Pistol Ass’n, Inc. v. Bruen, 142 S. Ct. 2111 (2022), the Supreme Court rejected the prior New York law under the Second Amendment to publicly carry firearms for self-defense. The Court held that New York’s “proper cause” licensing regime unconstitutionally infringed this right. New York responded roughly a week later with Senate Bill S51001 (June 30, 2022, Extraordinary Session). The new law created a target rich environment for new challenges.

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