New York Restrictions on Carrying Guns on Private Property Violate Second Amendment: Judge

Contact Your Elected Officials

New York law that placed barriers on carrying guns on private property has been blocked by a judge who says it violates the U.S. Constitution’s Second Amendment.

U.S. District Judge John Sinatra agreed to enter a preliminary injunction against a portion of the law that opened a person up to a felony charge if they carry a gun on private property unless the property owner has posted “clear and conspicuous signage” permitting firearms on the property, or has otherwise given “express consent” to do so.

The history of gun laws shows that the private property provision “violates the right of individuals to keep and bear arms for self-defense outside of their homes,” Sinatra, a Trump appointee, said in a 27-page ruling on Nov. 22.

The U.S. Supreme Court held in a June ruling in a case brought against a different New York law—New York State Rifle and Pistol Association v. Bruen—that the Second Amendment protects a person’s right to carry a gun for self-defense outside of their home and struck down the law, which forced people to prove they needed a conceal carry license.

New York legislators soon after passed Senate Bill S510001, which Democrat New York Gov. Kathy Hochul signed into law. Among its provisions were the private property restriction and a ban on carrying guns at locations deemed “sensitive” such as churches and other houses of worship.

Under the Bruen standard, though, laws in the area are only permissible if the government proves that it’s consistent “with the Nation’s historical tradition of sufficiently analogous regulations,” Sinatra noted.

New York lawyers claimed the private property exclusion complies, citing restrictions imposed in New York and elsewhere no later than 1893. But all “are of unknown or limited duration” and the state has not shown they endured over time, Sinatra said. Additionally, the small number of restrictions does not prove a tradition, he said.

By Zachary Stieber

Read Full Article on TheEpochTimes.com

The Thinking Conservative
The Thinking Conservativehttps://www.thethinkingconservative.com/
The goal of THE THINKING CONSERVATIVE is to help us educate ourselves on conservative topics of importance to our freedom and our pursuit of happiness. We do this by sharing conservative opinions on all kinds of subjects, from all types of people, and all kinds of media, in a way that will challenge our perceptions and help us to make educated choices.

5 Family-friendly History Movies

Family-friendly history movies you can enjoy with your kids—perfect for homeschool projects or a fun way to learn together as a family.

The hard truth of pretual social change

History shows us a progression of dominant social structures, each one born from innovation and is eventually replaced by another.

British Court: Migrants Officially Supplant Natives in ‘Hierarchy of Rights’

So-called “asylum seekers” (economic migrants) enjoy superior rights to British people in Britain as defined by the European Convention on Human Rights.

Paid Protesters Money Sources Exposed

Journalist Nate Friedman uncovered that a New York City protest was staged, featuring paid demonstrators with pre-made signs rather than organic activism.

Preying on Prayer

Progressive Leftists have long mocked prayer, and after the Minneapolis school shooting, they again dismissed it as useless and for the weak-minded.

2 Teens Arrested in June Killing of Congressional Intern in DC, US Attorney Says

Two teens were arrested for the June murder of a congressional intern in Washington, D.C., U.S. Attorney Jeanine Pirro announced.

Trump Says Justice Department Has Done Its Job on Epstein Case

President Trump said the DOJ has “done its job” in releasing information tied to deceased convicted sex trafficker Jeffrey Epstein.

Social Security Inspector General to Audit Agency’s Wait Times, Customer Service

The inspector general’s office for the SSA indicated in a newly released letter that it has initiated an audit into the agency’s metrics on wait times.

FDA Going to Release Report on Child Deaths From COVID Vaccines: Commissioner

FDA is releasing a report detailing an investigation its conducting into deaths among children from COVID-19 vaccines, agency’s commissioner said.

Trump Sends Warning to Venezuela After US Military Strikes Boat Allegedly Carrying Drugs

President Trump sent a warning to Venezuela after the U.S. military struck what the administration says was a boat carrying drugs in the Caribbean.

Vance Says ‘No Immediate Plans’ to Deploy National Guard to Chicago

VP Vance said admin has “no immediate plans” to deploy National Guard to Chicago, after President Trump remarks indicated such deployment could happen.

Trump to Host Poland’s New President Nawrocki at the White House

President Donald Trump will host Poland’s newly elected president, Karol Nawrocki, at the White House on Sept. 3.

Trump Announces Space Command Moving to Alabama

“I am thrilled to report that the U.S. Space Command headquarters will move to beautiful Huntsville, Alabama,” President Trump said.
spot_img

Related Articles

Popular Categories

MAGA Business Central