View Full Version : The NY Problem

May 4, 2009, 06:32 PM
I'm trying to do some legal research on why NY is so darn problematic on getting their gun laws struck. It doesn't help, of course, that we have only had Heller for a year or so and thus far the only court challenge based on it is the half baked Maloney case. But apparently the problem lies further back, much further, yes? OK, so I need an education on the matter: what's the lineage of court decisions in the state and 2nd Circuit which keep NY so iron clad screwed up?

May 8, 2009, 09:20 PM
You'd be better off looking at public opinion polls and not court decisions.

Brian Pfleuger
May 8, 2009, 09:23 PM
What part of NYs gun laws do you find to be so "iron clad screwed up"?

They seem to be pretty middle of the road... some states are better, some are worse.

Tom Servo
May 8, 2009, 10:01 PM
There haven't been many decisions on the matter in the 2nd Circuit.

If you want one reason their laws are so problematic, research the history of the Sullivan Act, which prohibits concealed carry in NYC.

May 9, 2009, 11:24 AM
NY is far from middle of the road.

They have an AWB and handgun registration. Those two things alone make it far from middle of the road.

Glenn E. Meyer
May 9, 2009, 11:42 AM
Since 40 states are shall issue on concealed handguns, NY is an extreme on that major issue.

BTW, I love NY - being my home town and state!

maestro pistolero
May 9, 2009, 01:19 PM
They seem to be pretty middle of the road... some states are better, some are worse.

One may not even possess a handgun in NY without a NY pistol permit, even if locked up and unloaded, and they will not issue one to out-of-staters under any circumstances.

And it's a felony!

Right denied. Still say that's middle of the road?

Even in CA I can legally carry openly, unloaded, with a loaded mag on my belt.

May 9, 2009, 01:40 PM
The gun laws were a big part of the reason I left NY for VA.

Brian Pfleuger
May 9, 2009, 01:40 PM
Right denied. Still say that's middle of the road?

Out of staters may transport handguns through NY state per federal law. I have never heard of anyone having any trouble.

Except for NY city, the entire state has a permit process very similar to most other states. The "may issue" status is almost always in name only, VERY few permits are denied without cause in the VAST majority of the state.

Open carry an unloaded gun? Well, OK, but who wants to?

We don't have an "allowed list". (Like CA) Most anyone without a criminal history can get and carry almost any handgun.

Middle of the road? Yep.

Do I wish it was less restrictive? Yep, but that doesn't change the fact that, compared to other states, NY is not terribly restrictive. Neither I nor anyone I know has ever had a problem getting permits or any gun we've wanted.

May 9, 2009, 02:02 PM
Peetza make several valid points, and if I may add...please don't confuse upstate with NYC....trust us, WE never confuse one with the other...LOL

Upstate is almost Shall issue, with a few minor exceptions by a few counties, which can place a restriction for target shooting or hunting only, but those are far and away the exceptions to the common practices.

even with the AWB we still have tons of ARs and AKs in NYS and you can still buy them, just without a flash hider and bayonet lug..
heck, I looked at a NIB colt match AR today at gander mountain.