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Tuesday, January 22, 2019

The New York City Gun Regulation Case

Today the Court granted certiorari in New York State Rifle and Pistol Ass'n v. New York, which raises multiple constitutional challenges to a New York City ordinance that restricts the transportation of certain licensed handguns out of the City. My initial impression from reading the Second Circuit's opinion (which upheld the ordinance) and the cert petition is that the decision below will be reversed. I'm having a hard time understanding why the ordinance passes muster under the Dormant Commerce Clause, let alone under the Second Amendment.

On the former point, New York issues a certain kind of handgun permit that says you may use the gun in your home and take it to shooting ranges within the City to practice, but you may not take the gun to a shooting range outside of the city to practice. The public safety rationale for this distinction escapes me (keep your guns here?) but it sure looks good if you're the owner a New York City shooting range.  

Posted by Gerard Magliocca on January 22, 2019 at 11:35 AM | Permalink


But the Second Amendment isn't a second class right, huh.

It would make conversations a *whole* lot easier and more productive if we could just be honest about the status of Second Amendment, as a right, in large swaths of the country.

Posted by: YesterdayIKilledAMammoth | Jan 23, 2019 4:47:19 AM

Replace the word "firearm" with "newspaper" or "birth-control pill" and the unconstitutionality becomes immediately obvious. If you can own it, you can carry with you outside your home around the state and country.

Posted by: Pink Pistols | Jan 22, 2019 12:03:30 PM

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