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December 04, 2008

Free Plaxico! WSJ Columnist Discusses Arbitrariness and Unconstitutionality of NYC's Gun Laws

First, how stupid could Plaxico be? This stupid:

It appears that he put the unholstered gun in the waistband of his sweatpants, and when it slipped, he grabbed for it, accidentally hitting the trigger. To make matters worse, according to press accounts, he was seen drinking and may have been consuming alcohol -- which all firearms safety training (including the class he would have been required to take for his Florida permit) absolutely forbids for people handling guns.

The writer thinks NYC's laws may be challenged under Heller:

he Heller decision did not say that requiring a license to carry a gun was unconstitutional. But in New York State, nonresidents cannot even apply for the licenses to possess or carry a handgun. Unlike most other states, New York refuses to honor carry permits issued by sister states. Most observers believe that the Supreme Court will eventually make state and local governments obey the Second Amendment. If it does, New York's discrimination against nonresidents will probably be ruled unconstitutional.

And then there is the issue of the permitting process for residents. In 40 states, including Connecticut, law-abiding adults are issued permits once they pass a fingerprint-based background check and a safety class. In New Jersey, carry permits are virtually never issued. In New York City, carry permits are issued, but to applicants with some form of political clout rather than on the basis of his or her need for protection.

The Second Amendment might not require New Jersey or New York City to issue as liberally as Connecticut does. But with a population of several million and only a few thousand (consisting mainly of politicians, retired police and celebrities) able to get permits, New York City's licensing process is almost certainly unconstitutional on a number of grounds, including sheer arbitrariness.



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posted by Ace at 02:38 PM

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