It has been a while since the U.S. Supreme Court has agreed to hear a case concerning gun rights. In fact, the court last heard arguments on gun rights back in 2010 in McDonald v. City of Chicago. However, SCOTUS has now agreed to hear a case involving traveling with guns.
In New York City, residents can obtain what is called a premises permit. This allows them to keep a gun at their home or business in the city. This permit does not allow them to take it outside of the premises unless traveling to and from gun ranges within the city limits. To do so, the gun must be unloaded and locked and completely separate from ammunition. However, there are only seven gun ranges within the city, which seriously limits the ability for Big Apple gun owners to shoot and train. That is the core of New York State Rifle & Pistol Association Inc. v. New York City. However, a ruling on this case could have far reaching effects.
Basically, the plaintiffs claim that this law requires them to leave handguns unattended in homes and businesses. It also prevents them from taking their guns outside of the city for training, competition or anything else for that matter. According to them, this law violates their Second Amendment rights, as well as their freedom to travel under the Dormant Commerce Clause.
“It is very appropriate that this case is a lawsuit with New York City,” said Larry Keane,senior vice president and general counsel for the National Shooting Sports Foundation, to Fox News. “Right now, a resident of the Bronx isn’t even allowed to transport an unloaded handgun locked in a case a few miles north to shoot at a range in Westchester County. What sense does that make? Can a New York City official please explain how this might stop a criminal intent on doing harm?”
The City asserts that its transport ban promotes public safety by limiting the presence of handguns on city streets. However, there is no evidence and proves this. The District Court ruled in favor of the city, as did the Second Circuit of Appeals Court. However, SCOTUS will have the final say.
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by Personal Defense World / Jan 28, 2019