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Gun rights advocates, gun owners and Newsmax host sue New York State for violating their 2A rights
By Pat Droney
It’s interesting to hear the left criticize a statement made by former President Donald Trump, which they say claims he will circumvent the Supreme Court when he wins reelection.
They conveniently seem to forget that Joe Biden has made a routine out of ignoring Supreme Court rulings, from rulings on student loans to interfering with foreclosures and evictions during the pandemic. In addition, states such as New York and California have likewise ignored Supreme Court rulings on the Second Amendment.
Bearing Arms reports that New York continues to ignore the Supreme Court ruling in New York State Rifle & Pistol Association, Inc., v. Bruen. That ruling affirmed the right of New Yorkers to carry a handgun in public without showing a “special need” to defend themselves, according to SCOTUSblog. The court ruled 6-3 to strike down that law.
That hasn’t stopped New York from imposing draconian gun laws on out-of-state residents, refusing to recognize any other state’s concealed carry laws. Moreover, the state makes it virtually impossible for non-residents of New York to apply for or receive an out-of-state permit.
As Bearing Arms wrote, no other constitutionally protected right stops at the state line; however, according to the Neanderthals who run the state of New York, your Second Amendment rights evaporate once you cross the state line.
Massachusetts has similar restrictions, but last August, Lowell District Court Justice John E. Coffey dismissed a criminal case against New Hampshire resident Dean Donnell for carrying a firearm without a license, The Reload reported.
As Coffey ruled, a citizen “doesn’t lose that right simply by traveling into an adjoining state whose statute mandates that residents of that state obtain a license before exercising their constitutional right. To hold otherwise would inexplicably treat Second Amendment rights differently than other individually held rights.”
In response to New York’s apparent violation of the Second Amendment, several non-residents have filed a lawsuit in federal court seeking to kneecap New York’s restrictions, a lawsuit being enjoined by Gun Owners of America.
In a release from that organization, they stated the following:
Washington, D.C.- Today, Gun Owners of America (GOA) and the Gun Owner’s Foundation (GOF) filed a federal lawsuit in the Northern District of New York, challenging the state’s blanket ban on out-of-state residents being able to obtain a concealed carry permit or to have New York honor out-of-state permits.
GOA and GOF represent several individual plaintiffs who reside in neighboring states and hold their state’s license to carry concealed weapons. TV Host and Second Amendment Advocate Carl Higbie is one of the individual plaintiffs.
Under current New York law, only New York residents may apply for and obtain permits to carry concealed weapons. The state does not grant any form of reciprocity to individuals who hold a similar permit from another state.
As a result, those who hold out-of-state driver’s licenses may drive in New York, but exercising one’s constitutional right to bear arms in New York State is wholly inaccessibly [sic] to the 94% of Americans who are not state residents. New York is the only known state where non-residents are not allowed to exercise their Second Amendment rights to keep and bear arms.
Higbie, a host on Newsmax and friend of Law Enforcement Today, told us he’s been attempting to get a New York permit for years.
“For years, I have sought a means to obtain a New York carry permit. As a former Navy SEAL and lawful gun owner of a neighboring state, the fact that there was no mechanism for me to legally exercise the same constitutional right 3 miles down the road is ridiculous,” Higbie said.
Meanwhile, Erich Pratt, GOA’s Senior Vice President, issued the following statement:
“The State of New York and its cadre of anti-gun politicians have done everything in their power to weaken and outright ban the Second Amendment within their borders. The Supreme Court has made clear that the right to bear arms extends to the public square, and this right is for all Americans, not just those who are residents of individual states.”
GOF’s Sam Paredes, speaking on behalf of its board, said:
“This is the only example nationwide that we can find where an out-of-state resident is completely barred from exercising their right to keep and bear arms, and there’s no doubt that anti-gun legislature in Albany purposely designed it this way. We’ve warned these politicians before, and we’ll do it again: fall in line with the Second Amendment, or we will make you.”