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April 28, 2021, 08:06 AM | #26 |
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Join Date: August 16, 2007
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The right to carry and use firearms, which is primarily an outdoor activity, does not exist in the outdoors? I would hate to have to stand up and try to defend that position. I must have missed the part about all of those revolutionary era indoor ranges when I was in school.
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April 28, 2021, 08:08 AM | #27 | |
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Join Date: December 13, 2005
Posts: 4,457
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Making prohibitionists and regulators defend the worst existing examples of their ideas is how we got to a recognized individual right. But in Heller Gura was arguing that the right to a gun is just for your home, and I'm sure it means anyone can wear a machine gun to a municipal zoning hearing!/Frustrated Activist*. He was limiting the issue so he could win. Heller wants to keep a 1911 at home and isn't challenging any state restrictions? It's a century old and not "high" capacity. You don't pound a wedge in with the fat side resting on the wood. (I've never done it, but I assume the sharp end goes in first.) If NY loses the power to deny carry permits on the basis of a lack of demonstrated particular need, that's not a small step, and I could see five and half votes for it. If there is an established right to be permitted by your state, the next issue I see is how much regulatory and financial burden a state has the power to impose. That won't be just one case and it won't be a quick journey. *I don't approve of NFA restrictions or a permit requirement to carry, but I don't believe we ever get there as a matter of settled federal constitutional caselaw.
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April 28, 2021, 12:38 PM | #28 | |
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Location: Upper US
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You need a permit just to possess the pistol. EVEN in your own home. And cannot that be said about states that require FOID cards?? this is a more tricksy subject than it seems on the surface, because its not just about individual rights, it's also about state's rights. Remember that the 2nd Amendment to the US Constitution is a restriction on the FEDERAL govt, and not specific states. Within the Constitutional framework, states have the right to do as they see fit, to a point. We fought the Civil War over that concept, and we're still fighting it today, only in courts not the battlefield. SO, complicating the matter are a number of things, including "does the Federal Govt have the legal authority to decide which state laws are unconstitutional? What if said law does not violate the STATE Constitution?? I'm sure the High Court is considering that, too...
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April 28, 2021, 01:10 PM | #29 | |
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Join Date: July 8, 2015
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What you’re talking about is referred to in legal jargon whether a particular right has been “incorporated” to the states. Meaning does that particular right also limit state governments as well as the federal government. Certain rights, like the first amendment, the fourth amendment and others have been incorporated to the states. I am uncertain if it has ever been decided if the second amendment is incorporated. Heller may have addressed it. I just can’t remember. If it has not been, then that is certainly one of the potential issues on the table here. Sent from my iPhone using Tapatalk |
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April 28, 2021, 02:50 PM | #30 | |
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I think federalism is essential to a proper understanding of the constitutional system, and that the BOR is properly understood as a federal restraint, but the Court went in a different direction.
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April 28, 2021, 04:24 PM | #31 | |
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April 28, 2021, 05:54 PM | #32 | |
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June 13, 2021, 10:05 PM | #33 | |
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Join Date: April 7, 2000
Location: AZ, WA
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Violence is an ugly thing, but not the ugliest of things. The decayed and degraded state of moral and valorous feeling which believes that nothing is worth violence is much worse. Those who have nothing for which they are willing to fight; nothing they care about more than their own craven apathy; are miserable creatures who have no chance of being free, unless made and kept so by the valor of those better than themselves. Gary L. Griffiths (Paraphrasing John Stuart Mill) |
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June 14, 2021, 02:41 PM | #34 |
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Join Date: November 8, 2006
Location: NY
Posts: 13
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A NYS Update for 44 AMP
Thought I would let you know things have changed in the Empire State since you left for more sane pastures. I live down on Long Island and applied for my NYS Pistol License last year before COVID shut every county office down. This was done at the Nassau County Police Department Pistol Licensing Section at their headquarters. In my county you currently need the following to apply:
Once you drop this off, you then receive the following: A date for you fingerprint appointment. A fingerprint card. Four character reference forms. My appointment was about two months later, but the shutdown made it about four months. For the appointment, you need to bring the following:
I received mine almost six months from dropping off the application. You can apply for the following types of license:
The CCW license is still neigh impossible for "The Masses". However, you are allowed to conceal one pistol to and from firing range/hunting grounds in NYS. All and any others must be locked away. You are allowed to stop for meals/gas. In NYS you cannot legally even handle a pistol unless you possess a license. The license must be renewed every five years and can be done online. If/when you leave NYS, they still insist you surrender it. Regards --------------- |
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