Supreme Court will hear 2nd Amendment Case

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Supreme Court will hear 2nd Amendment Case

Postby jdege on Tue Jan 22, 2019 12:39 pm

https://www.cnn.com/2019/01/22/politics/supreme-court-second-amendment/index.html
Conservative Supreme Court majority says it will hear 2nd Amendment case
A newly solidified conservative majority on the Supreme Court agreed Tuesday to take up a Second Amendment case for the first time since 2010.

At issue is a challenge to a provision of a New York City gun law that regulates where a licensed handgun owners can take their firearm. The law blocks licensed individuals from removing a handgun from the address listed on the license except to travel to nearby authorized small arms range/shooting clubs.


It'll be nice to see NYC slapped down...
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Re: Supreme Court will hear 2nd Amendment Case

Postby jdege on Tue Jan 22, 2019 12:42 pm

https://www.scotusblog.com/2019/01/justices-to-review-new-york-gun-rights-case/
Justices to review New York gun rights case
The request for review came from the New York State Pistol and Rifle Association and a group of gun owners who live in the city. They were challenging the city’s ban on transferring even licensed, unloaded guns anywhere outside the city limits – including to a weekend home or shooting range for target practice – restrictions they describe as “draconian.” After the lower courts rejected their challenge and upheld the restrictions, the NYSPRA and gun owners went to the Supreme Court.

Today the justices granted review in the case, New York State Rifle & Pistol Association v. New York. The Supreme Court’s calendar for April was already full before last week’s conference, so the new grant likely won’t be argued until the fall. The justices’ eventual ruling in the case could stick to the relatively narrow question of whether the city’s law is constitutional, or it might shed light on a broader and more consequential question: whether the right to have a gun extends outside the home. Either way, the court’s opinion in the case probably won’t come until the spring of 2020.
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Re: Supreme Court will hear 2nd Amendment Case

Postby Rip Van Winkle on Tue Jan 22, 2019 1:52 pm

By "transferring" do they mean transporting?
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Re: Supreme Court will hear 2nd Amendment Case

Postby bstrawse on Tue Jan 22, 2019 2:09 pm

Rip Van Winkle wrote:By "transferring" do they mean transporting?


Yes.
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Re: Supreme Court will hear 2nd Amendment Case

Postby Ghost on Tue Jan 22, 2019 3:27 pm

Looking forward to this one
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Re: Supreme Court will hear 2nd Amendment Case

Postby Rip Van Winkle on Tue Jan 22, 2019 4:21 pm

So it'd illegal to transport your registered firearm out of NYC? Nothing draconian about that. :?

I'm sure the law is highly honored and respected by the criminal element. :roll:
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Re: Supreme Court will hear 2nd Amendment Case

Postby Ghost on Tue Jan 22, 2019 4:53 pm

Rip Van Winkle wrote:So it'd illegal to transport your registered firearm out of NYC? Nothing draconian about that. :?

I'm sure the law is highly honored and respected by the criminal element. :roll:

I believe it’s illegal to transport your gun to a hunting spot even if it’s in state.
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Re: Supreme Court will hear 2nd Amendment Case

Postby jdege on Tue Jan 22, 2019 6:01 pm

Rip Van Winkle wrote:So it'd illegal to transport your registered firearm out of NYC? Nothing draconian about that. :?


Nobody gets a carry permit without significant contributions to the politicians' favorite charities.

What people can get are premises permits.

https://newyorkcityguns.com/keeping-your-new-york-city-permits/

License – Residence or Business (green)
This is a restricted handgun license, issued for a specific business or residence location. The handgun shall be safeguarded at the specific address indicated on the license. This license permits the transporting of an unloaded handgun directly to and from an authorized small arms range/shooting club, secured unloaded in a locked container. Ammunition shall be carried separately.This permit allows you to possess a handgun in your home. You may keep it loaded and out while you are in your premises, but you must keep it in a locked box, with a trigger lock, with all ammunition stored separately when you are not at home, or while in transit. You are allowed to transport it to/from a gun range in the 5 boroughs. You may bring it out of NYC, into NY State if you have a hunting authorization card. You cannot bring your guns out of state (see Beach v Kelly). You must own at least one handgun to maintain the license (you cannot get a premise license just to rent a gun at a range, or keep it anywhere other than your home). On a business permit, the gun must be kept at the business at all times (except when taking it to the range).

[...]

More Than 4 Handguns

NYC allows for up to 4 handguns on a premises license. Upon purchasing the 5th gun, you must prove you have a safe, and sign a waiver agreeing to spot inspections of your firearms in your home by the NYPD. There is no absolute limit on the number of guns you can own (at least none is stated anywhere I can find).

Ammunition
You may not possess more than a total of 200 rounds of ammunition in your premises. Not 200 rounds of a certain caliber, not 200 rounds for each gun. Your TOTAL round count for ALL ammunition in your premises may not exceed 200 rounds. This is true for those with carry permits as well as premise permits. This is a NY Fire Department regulation.

[...]

Magazine Capacity
Handguns cannot have a magazine capacity greater than 10 rounds, rifles and shotguns no greater than 5 rounds. Pre-ban Rifle Mags are illegal in NYC, no exceptions. Pre-ban pistol magazines over 17 rounds are illegal.

Travel
NYC does not recognize licenses from ANY other jurisdiction (NYS or otherwise), period. DO NOT enter NYC without a NYC license, this includes airports, even if you are in accordance with federal (FOPA) guidelines for “safe passage” a firearm.

For those with NYC HANDGUN premises permits, you can only leave the 5 boroughs by obtaining a Hunting Authorization card. This card allows you to travel to “authorized” hunting grounds in NY State. Request the authorization card when you pick up your license.

If you need to get the Hunting Authorization card and you already have a NYC permit you will need to check the NYS Website and find a free class near you after completing the online portion. Only then, can you order your permit online and bring the hunting license to 1PP and get the authorization card.

Recent court decisions (Beach v Kelly) imply premises license holders can not go to another state via FOPA “safe passage” guidelines. You must obtain explicit permission from the NYPD to transport a firearm on a NYC premises license out of state. The ruling states FOPA (Firearm Owners Protection Act, “safe passage”) is not applicable. I expect this law to be overturned in the near future.
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Re: Supreme Court will hear 2nd Amendment Case

Postby BU1 on Tue Jan 22, 2019 11:49 pm


Magazine Capacity
Handguns cannot have a magazine capacity greater than 10 rounds, rifles and shotguns no greater than 5 rounds..



So my Model 12 Winchesters that holds 7 rounds as built are illegal? :roll:
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