Supreme Court Ruling Today Makes New York Gun Laws Unconstitutional

eHezi Archives 26 Comments

Redlich_Warren  Albany, NY, June 28, 2010 — A ruling today by the nation’s highest court makes it clear that New York State gun laws are unconstitutional, according to New York Governor candidate Warren Redlich.

In McDonald v. Chicago, the U.S. Supreme Court ruled that Chicago's ban on handguns is unconstitutional. In doing so, it ruled that the 2nd amendment does in fact apply to the states.

“This landmark ruling will require New York State to take immediate action to amend its gun laws so they do not violate the constitution,” said Redlich. “It is a striking victory for gun owners and for anyone who believes in the fundamental rights the constitution provides.”

Redlich, a gun rights attorney in Albany, cited the case of New York Giant wide receiver Plaxico Burress. Burress was a New Jersey resident convicted under New York's gun laws. “Given that New York State makes it impossible for an out-of-state resident to get a gun license, Burress’s conviction should be overturned." As Governor, Redlich indicated he would pardon Burress and would issue an executive order directing police not to make unconstitutional gun arrests.

Redlich said there still are circumstances when a state may prevent gun ownership — such as in the case of felons, but some of the sweeping bans found in New York law can no longer be upheld.

Warren Redlich is a Republican and is the Libertarian Party nominee for Governor. Learn more at the Warren Redlich for Governor website.

eHeziSupreme Court Ruling Today Makes New York Gun Laws Unconstitutional

Comments 26

  1. Hey Bang Bang, if you are so brave and anti-gun, put a sign on your lawn that reads:
    “This home is a GUN-FREE Zone, No guns are in/around this dwelling”

  2. Nassau and Suffolk (NYC we already know) gun license application is unconstitutional
    1. I should not need to list my employers/jobs or have them contacted, what the hell does that have to do with my 2A RIGHT to defend myself with a pistol.
    2. 4 Character references?, so 4 ordinary Joe’s/Jane’s determine whether I’m allowed a constitutional right ?
    3. Medications, so If I take narcotic PRESCRIBED medication for chronic back pain, this should determine my right to own a pistol ?
    4. 6-12 month wait ? WTF ?
    5. An “Arrest” is a $25 dollar ticked for drinking a beer in public ? This needs to be listed ?
    6. Drive the equivalent of 100 miles every time I buy a new pistol ?
    The PROCESS is completely unconstitutional, Where is the ACLU ? Maybe if pistol owners were gang members, HIV positive or non “European” people, we would have their support.

  3. And YOU need to come back to reality. Who is going to save you when someone breaks into your house and the police aren’t around? Just beacuse you’ve never had anything like that happen to you, doesn’t mean it can’t, and I’m sure you would regret your statement if it did and you got shot, moron.

  4. You cannot issue a tax in order to qualify for a Right that is guaranteed in our Constitution. It is The 2nd Amendment… the SECOND (not the last) Amendment makes clear our Right to Bear Arms! Do you remember how some racist states made a poll tax to keep Black Americans from voting, that is what you are proposing with a gun tax ie insurance. Why not make speech insurance, voting insurance, church insurance etc.?

  5. you said “those who think it’s their right to own a gun…”
    Are you serious?! What part of the “Constitution is the law of the land” do you not understand?

  6. There were armed police forces in Germany called the SturmAlbeitlung (SA) and SchutzenStaffel (SS) that provided protection for their citizens, of course only the ones that they deemed “true” Germans, and the people they felt were not “Germans” were disarmed by means similar to what you would like. The period prior to a certain German dictator, called the Weimar Republic, was a very liberal, hip and party minded society. So, it may be us “Gun Nuts” that may save your progressive, liberal @ss one day, so shut your “sophomoron”, progressive trap, drink your microbrew and listen to your iPod.

  7. How do you propose we get all the criminals to turn their guns in ? iPods for Guns ? Go back to China, your views are welcome in an oppressive society where the citizens have no means to make their voices heard. Hitler and Stalin were very successful implementing this strategy. Study history idiot, those who do not know their history are doomed to repeat it.

  8. What about alcohol consumers insurance, smoker’s insurance, people who go clubbing insurance, people who skydive insurance, people who place contact sport insurance, see where is is going idiot?

  9. wow great comments ,some times you have only the moment between life and death and like most all cops say as they defend you is “i’d rather be tried by 12 than carried by 6″they shoot first then let GOD sort them out, isn’t that great, owning a fire arm will make you a better citizen. why you ask, it makes you part of the fight against crime & tyranny we call our selves MEN but we wait for others to defend us and our families. i know we can’t win every battle by our selves, so we must stand as one against all enemies domestic and foreign . I salute all brave citizens of the “UNITED STATES”

  10. Yonkerspublic schools said:
    “GUNS KILL PEOPLE, THAT’S WHAT COST US A FORTUNE. WHO PAYS FOR THE COST OF ALL OF THE GUN VIOLENCE? THE TAXPAYER THAT’S WHO.”
    Actually, people kill people. They can use guns, knives, baseball bats, or their hands. New York needs to wake up and see that most of the states have concealed carry permits allowed for law abiding citizens, which statistically decreases crime (criminals prefer unarmed victims, like New Yorkers). There is no gun violence or shootings for these people. You neighbors in PA have had this for years with NO PROBLEMS. So wake up New Yorkers to your US Constitutional Rights! Start protecting yourselves.

  11. GUNS KILL PEOPLE, THAT’S WHAT COST US A FORTUNE. WHO PAYS FOR THE COST OF ALL OF THE GUN VIOLENCE? THE TAXPAYER THAT’S WHO.

  12. Being against owning firearms is the Democratic Party’s political way of covering up their turn them loose criminal justice policies.For every criminal in New York in jail there is a hundred more on the streets.

  13. The founding fathers realized that politicians never change and never will. Once they are in power all they want is more power. As far as armed police the politians put more restrictions than they know what to do. The right of Self defense should never be usurped by anyone. Lat time I looked I had no armed police outside my door and I don’t really want one there anyhow. Didn’t England impose a Quarteing act citing your same reasoning?

  14. Every gun should be insured period, even by the manufacturer. It’s time this stupid $uckin country got out of the 18th century and into the 21st, in all senses, but especially on guns that cost the honest, hard working taxpayer a fortune.
    You have no need for guns when you have armed police forces in every town and village. And like with all political amendments the second is one that needs to be changed to reflect modern times and the politicians should not be intimidated by these gun nuts.

  15. I don’t seem to see anywhere in the Constitution that anyone has the right to own a home or car but it does give me the right to keep and bear arms. Second Amendment right to keep and bear arms is protected at the state and local government levels. I think the founding fathers put that in for a very good reason. One time the politicians took away our rights and if not for gun ownership we would be part of England. “But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security” DECLARATION OF INDEPENDENCE
    When the people fear their government, there is tyranny; when the government fears the people, there is liberty.
    Thomas Jefferson

  16. The USA has finally come to some form of sanity. We have the right. Stop with all of the barriers to honest citizens having a gun for protection. It’s about time.

  17. There should be one agency that issues pistol licenses, possibly the ATF. With one agency (federal) licenses should be valid in all fifty states, with one set of rules instead of the mishmash of rules we currently have. Why should a law abiding citizen be forbidden to carry his gun when he crosses over into a adjoining state?

  18. Hey if you have a house you have to have insurance, and for a car and for your boat, even your life, why not your gun?
    It would just make you pay for your right. You are required by law to have insurance for your car, and it’s not your right to drive, it’s at the states privilege. You maybe the best driver owner in the world you are still required to carry insurance. Ditto for guns and take the burden of all of the damage caused by guns and out it on those who want to play cowboys and injuns.

  19. I don’t think it’s my right to own a gun. I know it’s my right. The Constitution of the U.S. gives me that right. Do you really think that all these guys shooting it up on the streets of Yonkers are going to make sure they have insurance….yeah right”

  20. What we need here is an Gun owners insurance just like life, auto and house. If you own a gun you have to carry insurance. This could then pay for all of the police, hospital, criminal justice bills associated with all gun crimes. And yes every gun owner should have to carry insurance.
    This would take the onus off the taxpayer and onto those who think it’s their right to own a gun. You own one, you insure it. simple.

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