The Trump administration filed, recently, a brief challenging the perennially controversial NY Gun Law. The brief filed by the Trump administration argued that NY Gun Laws created by the NYPD known as the “transport ban” is unconstitutional, alleging that it contradicts the Second Amendment rights to “keep and bear arms.”
The “transport ban” as referred by the Trump administration, forbids licensed handgun and pistol owners from moving weapons outside the address that they used for their gun license. Gun control in New York City has a history of controversy, from the Sullivan Act in 1911, to the NY SAFE ACT in 2013. The heavy penalties imposed by these acts aimed to restrict and discourage people who own guns both legally and illegally from moving their gun outside their homes.
It’s already hard to get a gun license in New York City, and even if someone was to obtain a license it’s illegal to move it out of your house unless you have special permission provided by the NYPD, only then it can be moved and used in hunting grounds, gunsmiths and authorized gun ranges inside New York City. While the Trump Administration brief argues that the strict policies are unconstitutional, it also expands on how it has affected businesses such as; gun ranges and gun shops outside New York City.
The NYPD announced a change to the policy last month in light of a suit that would enable weapons to be transported to a couple of extra areas. The changes would permit weapon owners to convey their guns to shooting ranges outside New York City and another location where the permit holder is permitted to have the weapon. They additionally would be able to convey their weapons to shooting contests and competitions, so long as it’s a legitimate and lawful. New York Gun Laws.
These amendments are the focus of the Trump administration’s brief that claims these rules are biased and violates the Dormant Commerce Clause of the U.S. Constitution. Lawyers of the Trump Administration contended in their brief that banning gun owner’s from moving and using their weapons in gun ranges outside New York City unlawfully prevents those types of business from making more clientele and profit.
The brief stated “Although the transport ban does not prohibit anyone from using out-of-state ranges, it does treat out-of-state ranges less favorably than local ranges, allowing residents of the City to use their own guns at the latter but not the former.”
Be that as it may, the Trump administration’s contentions expanded on the Second Amendment “right of the people to keep and bear arms.” The aforementioned quote is often heard during debates and arguments on gun control in the U.S. One can say it is the main key point for gun owners to justify carrying concealed weapons or otherwise.
“Keep,” the Trump Administration contended, implies that the right to have a firearm inside the perimeters of someone’s house, but that isn’t the part the brief wants to argue; It’s the right to “bear” that is being challenged due to infringements of the strict policies.
The Trump Administration brought up as an example a very famous case Columbia v. Heller (2008). In which The Supreme Court denied a local law in Washington, D.C., that prohibited handguns in the district and municipality, and even in homes.
The Supreme Court at that time denied the local law from being executed, arguing that it infringed the Second Amendment right of keeping arms inside home for lawful purposes such as self-defense. The administration’s brief compared that scenario to New York City’s strict transport of firearms policy.
The brief stated “In this case, the Court should confirm that the Second Amendment also protects the right of a law-abiding, responsible citizen to take his firearm outside his home, and to transport it to other places—such as a second home or a firing range—where he may lawfully possess that firearm.” New York Guns Laws.
New York is a different state of its own, whether is a good idea or not to unhinge the restraints and limitations that gun owners currently have is up to debate. The Brief is currently being reviewed by the Supreme Court and they should reach a consensus in the upcoming months.
To discuss this or another matter with an attorney please: Schedule a Call with an Attorney.
- Cuomo Signs Law That May Cripple Airbnb in NYC
- NYC Landlords Sue To Overturn Second Year Of Imposed Rent Stabilization Freeze
- Starting a Home-Based Food Business in New York
- Proposed Change to NYC Hiring Practices Intended To Tackle Wage Inequity
- Challenges to Succeeding in Business in New York City
- New York Disability Discrimination Laws: NY Employment Law Basics