Summary
Transcript
Some big news out of New York. Gun owners of America have filed another lawsuit against Kathy Hoekel and her unconstitutional gun control. And this one is a good one because you may remember a couple months ago I was part of the effort with gun owners of America to get some plaintiffs for this lawsuit, and it was filed today. What are they going after? Well, New York does not have any avenue for any other American who is not a resident of New York to lawfully carry a firearm for self defense in New York, like the New York State Rifle and Pistol association decision says.
Like the Heller decision says, like the Katano decision says, like the Constitution says. So they have filed a federal lawsuit today, and it’s phenomenal. Here’s the first page of today’s filing, just real quick, the first two pages of this, because I like how Goa worded this, it says, come now, plaintiffs buy in through undersigned counsel and allege as follows. One, this case involves a challenge to New York’s wholesale refusal to allow those who are not state residents to exercise their right to public carry while in the state of New York.
Number two, in New York State Rifle and Pistol association versus Bruin, the Supreme Court unambiguously held that the Second Amendment guarantees a right to bear arms in public for self defense. In DC v. Heller, the court explained that this right is exercised individually and belongs to all Americans. Three, in direct contravention of those clear holdings, New York provides no avenue for all Americans who are not residents of New York to bear arms in public.
Four first, New York does not recognize or grant reciprocity to any concealed carry permit issued by any other state. Whereas someone from Massachusetts can drive into New York based on a Massachusetts driver’s license, the same Massachusetts citizen cannot carry a firearm into New York based on a Massachusetts concealed carry license. Second, New York does not allow non New York residents who do not own property in New York even to apply for a new York firearms permit, instead allowing only New York residents and some individuals who satisfy various exceptions, but not relevant here to apply.
Third, because New York does not permit a person even to possess most firearms without a permit, the inability of non residents to obtain a New York permit means they cannot even keep arms even within a private domicile or on private property. And because New York does not permit the open carry of firearms, there is no way for a nonresidents to bear arms in public without a permit or reciprocity.
Thus, for the 94% of Americans who are not residents of New York, the right to keep bear arms in public simply does not exist within the state. No other provision of the Bill of Rights works this way. C. Heller rejecting Justice Breyer’s opinion that the Second Amendment should be interpreted differently when limited to an urban area, explaining that we know of no other enumerated constitutional right that has been subjected to such an approach.
In Bruin, the Supreme Court criticized as intolerable an argument that would, in effect, exempt cities from the Second Amendment and would eviscerate the general right to publicly carry arms for self defense. Yet for non residents of New York, the entire state is practically exempted from the Second Amendment. So this is another great lawsuit against New York. New York is getting pummeled. New York is going to lose big.
And I know people are getting restless in New York. I’ve talked to many of you, but it’s coming. It’s coming, it’s coming. Keep your heads high, y’all, and stay in the fight. Be vocal, be proud, and they are your bosses. They will only do what you let them get away with, them being the legislators, the governor, the attorney general, et cetera. So good on Goa and gof gun owners foundation for launching this lawsuit, and I can’t wait to see what happens till we see each other again.
Be safe. Stay vigilant. Carry gun. It’s your right. Doesn’t mean no need to go any further than that. It’s your right whether New York likes it or not. I’ll see you on the next one. Y’all take care. .