No one will be shocked to hear that New York is hostile toward gun rights. I almost used the word “learned” instead of “shocked” but didn’t since there was absolutely no way anyone reading this would have just learned this fact. It’s pretty common knowledge at this point, after all.
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They don’t want anyone carrying firearms lawfully. They used to prevent that by using a subject “good cause” standard, but then the Supreme Court smacked it down.
Now, they’re fumbling in the dark trying to find other ways.
But they’ve done a pretty good job keeping non-residents from carrying when they visit the state, which is a big problem since New York City is such a major business and tourist destination.
And now, that prohibition is in the crosshairs.
Today, Firearms Policy Coalition (FPC) announced that it has filed a new federal lawsuit challenging New York’s ban on firearm carry by residents of other states. The complaint in Shaffer v. Quattrone can be viewed at firearmspolicy.org/shaffer.
“Citizens do not lose protection of their rights under the First Amendment’s speech or religion clauses when they cross state lines,” states the complaint. “Nor do they lose their protections under the Fourth Amendment’s prohibition on unreasonable searches and seizures. Likewise, they do not surrender their Second Amendment protected rights when they travel outside their home state.”
“We will continue to teach Governor Hochul that the right to keep and bear arms doesn’t end at New York’s borders,” said FPC President Brandon Combs. “We look forward to ending New York’s immoral ban on carry by non-residents and allowing millions of peaceable people to exercise their rights as they visit the Empire State.”
The Shaffer case is part of FPC’s high-impact strategic litigation program, FPC Law, aimed at eliminating immoral laws and creating a world of maximal liberty. FPC is joined in the litigation by four FPC members. FPC thanks FPC Action Foundation for its strategic support of this FPC Law case.
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This needed to be taken up, so good on the Firearms Policy Coalition for doing so, because this is absolutely ridiculous.
Based on Bruen, I can’t think of any historical analog that would remotely justify this in the eyes of any court, much less someone like the Supreme Court. Sure, Rahimi broadened things a good bit, but there still needs to be an analog, and I’m just not seeing how there can be one.
And the complaint nails it. We don’t forfeit literally any other right at the state border. I can’t fly into the Big Apple to attend a protest and there’s nothing they could do about it. They can’t learn I’m from Georgia and decide to search my luggage without a warrant. They can’t tell me which churches I can attend while I visit.
None of that is legal and they know it, so there’s absolutely no reason it should be acceptable for them to prohibit me from carrying a firearm in the state.
So here’s hoping this case gets heard quickly and lowers the boom on the state just as quickly. I hope it hits the Supreme Court for that boom, though, because I’d love to see this kind of nonsense ended once and for all.
