Ad Here

Libertarians Lose Pistol Permit Deal

A federal court last week dismissed a lawsuit brought by a number of New York residents backed by a county Libertarian party over the state’s restrictive handgun permitting rules.

The challenge, brought by seven New Yorkers and the Libertarian Party of Erie County, was a constitutional claim against the state’s century-old firearm laws on both Second and 14th Amendment grounds. In a nutshell, the claimants argued the state did not have the authority to require licenses to possess a handgun. The court, in a decision by Chief Judge Frank Paul Geraci Jr., a 2013 nomination by President Obama, disagreed with the gun advocates’ argument.

“While NYS’s firearms licensing laws implicate the core Second Amendment right, they do not substantially burden it,” said Geraci, going on to say, “The licensing laws place no more than ‘marginal, incremental, or even appreciable restraint on the right to keep and bear arms.’”

The suit, brought in 2015, argued there are a number of unconstitutional roadblocks to obtaining a handgun in the Empire State — chief among these being the Sullivan Act. The law, one of the first gun control statutes in the nation, dates back to 1911 and requires anyone desiring a firearm small enough to be concealed to obtain a license. Among the plaintiffs in the case, some held that such licenses can be elusive, with applicants often waiting years or denied outright.

New York Attorney General Eric Schneiderman, named along with others state leaders as defendants in the case, welcomed the news of the suit’s dismissal, saying it was a “victory for sensible gun laws” and contending that “Common sense guidelines that ensure guns don’t fall into the wrong hands are critical to our public safety.”

James Ostrowski, a lawyer for the local Libertarian party, told The Buffalo News his clients were not surprised by the ruling and planned to appeal the case to the U.S. 2nd Circuit and the Supreme Court if needed.

“There’s a right to bear arms but it’s only a privilege in New York State,” Ostrowski said.

The ruling comes only a fortnight before hundreds of thousands of pistol permits, formerly granted for life, are now facing an expiration date due to the SAFE Act at the end of the month, a crisis that has sparked outrage from some.

source: guns.com

14 Comments

  • equestrian_colt

    YOU DO NOT NEED TO HAVE A SPECIAL PERMISSION SLIP FROM ANYONE TO HAVE OWN OR CARRY IN ANY WAY A FIREARM TO PROTECT YOURSELF OR OTHERS PERIOD. THIS IS A GOD GIVEN RIGHT PERIOD. THIS IS NOT A HUMAN GIVEN RIGHT PERIOD. QUITE ACTING LIKE SHEEPLE THEN THEY CAN”T TREAT YOU LIKE SHEEPLE.

    Reply

  • Chained

    Hey New Yorkers, defy–do not comply with unconstitutional laws. Sue the hell out of the NY AG and commie lib Judge Geraci Jr. Hammer your state reps and senators with outrage.

    Reply

  • Kevin Padfield

    Once again the so called “servants of the people” deny the people their constitutional rights. Maybe the citizens of New York state need to take a tip from activists in California and think about splitting up the state into two different states, Conservative/Libertarian and Socialist, better known as New York City and Freedom.

    Reply

  • Edward James

    While NYS’s firearms licensing laws implicate the core Second Amendment right, they do not substantially burden it,” said Geraci, going on to say, “The licensing laws place no more than ‘marginal, incremental, or even appreciable restraint on the right to keep and bear arms.’”
    However requiring a photo ID to Vote is considered a insurmountable burden even when cost of ID is $0 even state providing free transport for ID. Pistol permit app cost hundreds of dollars even if state says ‘NO’. What a state, just one of MANY reasons I left it.

    Reply

  • CompletelyOutsane

    Yes, this is infringement is unconstitutional, now go live with it.

    Reply

  • rjdmanfredi

    Judge Frank Paul Geraci Jr. can say that because he never had to go through all the shit to get a hand gun permit .

    Reply

  • Whippit

    Bug eyed, spittle flecking Cuomoland, formerly New York State, is a Commie Hellhole that should be avoided at all costs.
    The gigantic walking, yapping Oil Driller, Turd Boi DeBlasio is also smeared there in Noo Yawk Shittay, as well as the systemic cat poop sniffing Khazar garden slug Schumer.
    It’s really bad.
    Be extra careful if transiting Cuomoland in possession of firearms.
    It doesn’t matter if they’re locked up, inaccessible and separate from ammo.
    If you don’t have a Cuomoland Permit to Purchase/Possess, you will be subject to Commie Cuomoland arrest and detention if discovered; despite USC 18 Firearm Owners Protection Act, FOPA, that Cuomoland disregards willy nilly, and Da Feds do NOTHING about it, the slimey worms.

    Reply

  • rottenrollin

    You’re NOT in the US with its Bill of Rights……….

    YOU’RE IN NEW YORK…..

    Reply

  • William L. Ramsburg

    N.Y.’S A LIBERAL STATE!! LIBERAL JUDGE’S LIBERAL MAYOR’S AND LIBERAL GOVERNOR!! PUSHING SOCIALISM AND COMMUNISM!! IF I HAD TO LIVE UNDER THEIR RULE I WOULD MOVE TO A FREE STATE!!

    Reply

  • John Savell

    Take it to the SCOTUS. A liberal, Obama-appointed, NY judge will never make a decision supporting the Constitution.

    Reply

  • bjensen

    “While NYS’s firearms licensing laws implicate the core Second Amendment right, they do not substantially burden it,”

    The “State” may not (as there are counties upstate that issue permits with little trouble) but the CITY sure does, as it doesn’t even recognize a STATE issued permit.

    Reply

Leave a Reply