Avoiding Bruen: NY State

Democrats have to do what Democrats do, cheat.

Right now Associate Justice Brett Kavanaugh is on my less liked list. On the Bruen decision he wrote his own concurring opinion. In it he gave the left the anchors to hang gun control on. There are 80 pages in the opinion, most by Thomas. Amy said “We didn’t clarify this and we should have.” Alito said “The judges in disent aren’t practicing law, they’re practicing emotional blackmail.” And Kavanaugh…

First, the Court’s decision does not prohibit States from imposing licensing requirements for carrying a handgun for self-defense. In particular, the Court’s decision does not affect the existing licensing regimes—known as “shall-issue” regimes—that are employed in 43 States.

…or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms.

Adding to Thomas’s:

Consider, for example, Heller’s discussion of “longstanding” “laws forbidding the carrying of firearms in sensitive places such as schools and government buildings.” 554 U. S., at 626. Although the historical record yields relatively few 18th- and 19th-century “sensitive places” where weapons were altogether prohibited—e.g., legislative assemblies, polling places, and courthouses—we are also aware of no disputes regarding the lawfulness of such prohibitions. See D. Kopel & J. Greenlee, The “Sensitive Places” Doctrine, 13 Charleston L. Rev. 205, 229–236, 244–247 (2018); see also Brief for Independent Institute as Amicus Curiae 11–17. We therefore can assume it settled that these locations were “sensitive places” where arms carrying could be prohibited consistent with the Second Amendment. And courts can use analogies to those historical regulations of “sensitive places” to determine that modern regulations prohibiting the carry of firearms in new and analogous sensitive places are constitutionally permissible.

From this we knew what was going to happen. The second amendment infringers were going to paper cut the right to its death.

And being cheaters they have to cheat.

According to Minority Leader Willam A. Barclay of the New York State Assembly office, the bill that the Governor wants them to vote on has not been given to them as of 1600 on June 30th. They have no idea when they will have a copy of the text of the bill. There is nothing filed at this point.

It sounds more and more like the S.A.F.E. act. It will be passed at midnight before anybody can actually comment on the bill. As normally a politician won’t accept comments on a bill for which there is no text.

First they are going to extend “sensitive” places to include government buildings, hospitals, schools, public transits, and places where children gather, bars. (My original source had more listed). The thing to note about these sorts of sensitive places is that there are likely to be a radius around them which is considered to be part of the sensitive location).

Thus it is likely that “public transport” will mean buses, subways, trains, as well as bus stations, train stations, subway stations, and bus stops. Consider a simple 100ft limit. This means that every bus stop in NYC now has a 100ft no-go zone around it. It might mean that as a bus moves through the streets it also has a 100ft radius. You are driving down the street, minding your own business and drive pass a playground and suddenly you are breaking the law. It could mean that all of central park is a no-go zone.

Without stepping over the line of making all of NYC a sensitive place, it could make it so that there are so many no-go zones that it is impossible to go anywhere without intruding into one of these places.

In addition they are looking at including 15 hours of in-person range time. One version I read had it “Must pass the same training in firearms as law enforcement.” Given that certified instructors are not cheap this will be expensive. In talking to one range owner it will cost you two boxes of ammo plus $100 for an hour of range time with him as an instructor. It looks to me as if the cost for 15 hours of training will run well over $500, not counting ammo.

Side note, I don’t like talking to NYC people. They have an entirely different way of talking to people which starts with not answering the question asked, assuming you are a dolt and then telling you what you have to do. This owner includes instructions on how to clean your gun. I didn’t have the heart to tell him I was sitting next to more firepower than anybody outside of criminals and Law Enforcement has in NYC. I.e. I have more than one firearm.

The biggest difference is that NY State is going to declare all private businesses as gun free zones without an explicit concealed carry permitted here signage. In reasonable states an owner can post a No Guns sign. In most states the signage is very explicit as to size, shape and visibility. This is so some nasty can’t put a post-it note up with a hand drawn “no guns allowed” and then bust a legal gun owner that didn’t see the sign.

In some states, such as mine, a No Guns Allowed is not prohibitive. You can still carry in those locations. The business can ask you to leave if they see the firearm but it isn’t a real issue. I’ve yet to see a no guns sign outside of hospitals and clinics. Which is sometimes funny when I forget I’m carrying and they ask me to take my coat off so they can take my blood pressure.

The good news is that most state level second amendment organizations as well as the FPC and other national organizations have a number of lawsuits teed up for these actions. The 9th circuit remanding cases based on Bruen is a good sign. I’m hoping that we’ll see the lower courts just hammering these laws so that we don’t even have to wait for a circuit court to hear the case.

Hochul: NY Lawmakers Hold Special Session, Will Limit Where Guns Can Be Carried plus some personal calls to legislators offices and gun ranges.