Interpretation of NYC Gun Law Found Too Broad

jillian

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Apr 4, 2006
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Although a Manhattan judge has rebuffed two constitutional challenges to New York City's gun licensing law, she found that the police interpretation of parts of the law could deprive New Yorkers of their Second Amendment rights.

In a Feb. 6 decision in Tessler v. City of New York, 108215/09, Supreme Court Justice Lucy Billings upheld the constitutionality of city and state requirements that guns be locked securely, but she ruled that to interpret the rules to mean guns must be locked unloaded and apart from their ammunition could infringe on a gun owner's rights.

The suit was brought against the city and its police department by Akiva Tessler, a Staten Island attorney. According to the decision, Mr. Tessler called the police in August 2007 to report that his wife was attacking his daughter. His wife was arrested and charged with third-degree assault.

While inside Mr. Tessler's house, police found two guns in an unlocked cabinet, one of them loaded. Mr. Tessler said his wife had deliberately unlocked the cabinet and told the police where to find the guns. The police confiscated the guns and issued Mr. Tessler an appearance ticket for "failure to properly safeguard" a weapon.

Interpretation of City Gun Laws Found Overly Broad - New York Law Journal
 
Although a Manhattan judge has rebuffed two constitutional challenges to New York City's gun licensing law, she found that the police interpretation of parts of the law could deprive New Yorkers of their Second Amendment rights.

In a Feb. 6 decision in Tessler v. City of New York, 108215/09, Supreme Court Justice Lucy Billings upheld the constitutionality of city and state requirements that guns be locked securely, but she ruled that to interpret the rules to mean guns must be locked unloaded and apart from their ammunition could infringe on a gun owner's rights.

The suit was brought against the city and its police department by Akiva Tessler, a Staten Island attorney. According to the decision, Mr. Tessler called the police in August 2007 to report that his wife was attacking his daughter. His wife was arrested and charged with third-degree assault.

While inside Mr. Tessler's house, police found two guns in an unlocked cabinet, one of them loaded. Mr. Tessler said his wife had deliberately unlocked the cabinet and told the police where to find the guns. The police confiscated the guns and issued Mr. Tessler an appearance ticket for "failure to properly safeguard" a weapon.

Interpretation of City Gun Laws Found Overly Broad - New York Law Journal

holy shit

NY has a law that guns have to be locked up?

What a tyrannical shit hole, I'm stunned anyone that cares about the Constitution lives there.
 
Although a Manhattan judge has rebuffed two constitutional challenges to New York City's gun licensing law, she found that the police interpretation of parts of the law could deprive New Yorkers of their Second Amendment rights.

In a Feb. 6 decision in Tessler v. City of New York, 108215/09, Supreme Court Justice Lucy Billings upheld the constitutionality of city and state requirements that guns be locked securely, but she ruled that to interpret the rules to mean guns must be locked unloaded and apart from their ammunition could infringe on a gun owner's rights.

The suit was brought against the city and its police department by Akiva Tessler, a Staten Island attorney. According to the decision, Mr. Tessler called the police in August 2007 to report that his wife was attacking his daughter. His wife was arrested and charged with third-degree assault.

While inside Mr. Tessler's house, police found two guns in an unlocked cabinet, one of them loaded. Mr. Tessler said his wife had deliberately unlocked the cabinet and told the police where to find the guns. The police confiscated the guns and issued Mr. Tessler an appearance ticket for "failure to properly safeguard" a weapon.

Interpretation of City Gun Laws Found Overly Broad - New York Law Journal

holy shit

NY has a law that guns have to be locked up?

What a tyrannical shit hole, I'm stunned anyone that cares about the Constitution lives there.

why shouldn't they be locked up?
 
Although a Manhattan judge has rebuffed two constitutional challenges to New York City's gun licensing law, she found that the police interpretation of parts of the law could deprive New Yorkers of their Second Amendment rights.



Interpretation of City Gun Laws Found Overly Broad - New York Law Journal

holy shit

NY has a law that guns have to be locked up?

What a tyrannical shit hole, I'm stunned anyone that cares about the Constitution lives there.

why shouldn't they be locked up?

THAT is the wrong question.

The proper question is; Why is there a law forcing people to lock their guns?

It's the right to bear arms, not the right to bear arms except
 
holy shit

NY has a law that guns have to be locked up?

What a tyrannical shit hole, I'm stunned anyone that cares about the Constitution lives there.

why shouldn't they be locked up?

THAT is the wrong question.

The proper question is; Why is there a law forcing people to lock their guns?

It's the right to bear arms, not the right to bear arms except

well, we're going to have disagreements about the extent of the right. but i know that in NYC, when you have a target/premise and you have the guns at home, they have to be locked in a gun safe with the ammo separate.

i don't know what the rules are regarding carry permits.
 
why shouldn't they be locked up?

THAT is the wrong question.

The proper question is; Why is there a law forcing people to lock their guns?

It's the right to bear arms, not the right to bear arms except

well, we're going to have disagreements about the extent of the right. but i know that in NYC, when you have a target/premise and you have the guns at home, they have to be locked in a gun safe with the ammo separate.

i don't know what the rules are regarding carry permits.

All I know is..the less guns around here..the better.
 
THAT is the wrong question.

The proper question is; Why is there a law forcing people to lock their guns?

It's the right to bear arms, not the right to bear arms except

well, we're going to have disagreements about the extent of the right. but i know that in NYC, when you have a target/premise and you have the guns at home, they have to be locked in a gun safe with the ammo separate.

i don't know what the rules are regarding carry permits.

All I know is..the less guns around here..the better.

part of me agrees. part of me thinks someone should have been on the LIRR with a legitimate right to own a gun when Colin Ferguson started shooting people and should have blown him off his feet when he went to re-load.

plus, my husband and son love recreational shooting (i mean targets, trap shooting, that type of thing) so i don't really have any particular aversion to it. i just don't get the obsession of some. i mean there are people on this board who define themselves by their guns. i think that's just plain nuts.
 
THAT is the wrong question.

The proper question is; Why is there a law forcing people to lock their guns?

It's the right to bear arms, not the right to bear arms except

well, we're going to have disagreements about the extent of the right. but i know that in NYC, when you have a target/premise and you have the guns at home, they have to be locked in a gun safe with the ammo separate.

i don't know what the rules are regarding carry permits.

All I know is..the less guns around here..the better.

Then you will end up with gun violence escalating and no way for you to keep your family safe.
 
well, we're going to have disagreements about the extent of the right. but i know that in NYC, when you have a target/premise and you have the guns at home, they have to be locked in a gun safe with the ammo separate.

i don't know what the rules are regarding carry permits.

All I know is..the less guns around here..the better.

part of me agrees. part of me thinks someone should have been on the LIRR with a legitimate right to own a gun when Colin Ferguson started shooting people and should have blown him off his feet when he went to re-load.
plus, my husband and son love recreational shooting (i mean targets, trap shooting, that type of thing) so i don't really have any particular aversion to it. i just don't get the obsession of some. i mean there are people on this board who define themselves by their guns. i think that's just plain nuts.

There were people that were armed when Loughner decided to go nuts and blast everyone. It happened so fast no one was able to react.
 
well, we're going to have disagreements about the extent of the right. but i know that in NYC, when you have a target/premise and you have the guns at home, they have to be locked in a gun safe with the ammo separate.

i don't know what the rules are regarding carry permits.

All I know is..the less guns around here..the better.

Then you will end up with gun violence escalating and no way for you to keep your family safe.

I don't have a problem with people that keep guns in their homes for personal protection. I wouldn't do it...but it's not a problem for me. I have a bayonet in my bedroom and a dagger stashed in a drawer by the front door for quick access. My GF thinks I'm paranoid..but my family was the victim of a home invasion..before that term became popular.

I just don't think people should be carrying them willy nilly in the streets. Plenty of police around in NYC.
 
well, we're going to have disagreements about the extent of the right. but i know that in NYC, when you have a target/premise and you have the guns at home, they have to be locked in a gun safe with the ammo separate.

i don't know what the rules are regarding carry permits.

All I know is..the less guns around here..the better.

Then you will end up with gun violence escalating and no way for you to keep your family safe.

i don't believe that has ever been proven to be the case.
 
All I know is..the less guns around here..the better.

Then you will end up with gun violence escalating and no way for you to keep your family safe.

i don't believe that has ever been proven to be the case.

It is a proven fact that not one of the States that enacted concealed carry laws had the supposed shoot outs in the streets like the gun grabbers claimed and it is proven that States with the least restrictive laws have the least violent attacks.
 
If there are kids in the house under a certain age ( say 8) then weapons should be secured, otherwise the weapon is absolutely useless if locked up with out even ammo with it. Or do you think criminals will wait while you unlock your gun case pull out your gun and then find the ammo to load it?
 
I have rifles, I don't keep them loaded because it is bad for the spring but I do keep ammo handy. When I had a hand gun I also did not keep it loaded because of the spring in the magazine.
 
If there are kids in the house under a certain age ( say 8) then weapons should be secured, otherwise the weapon is absolutely useless if locked up with out even ammo with it. Or do you think criminals will wait while you unlock your gun case pull out your gun and then find the ammo to load it?

You'd think this would be common sense, but there isn't a whole lot of that in NYC.
 
Although a Manhattan judge has rebuffed two constitutional challenges to New York City's gun licensing law, she found that the police interpretation of parts of the law could deprive New Yorkers of their Second Amendment rights.



Interpretation of City Gun Laws Found Overly Broad - New York Law Journal

holy shit

NY has a law that guns have to be locked up?

What a tyrannical shit hole, I'm stunned anyone that cares about the Constitution lives there.

why shouldn't they be locked up?

What good is a weapon if you have to run to another room, fumble with a key, open a cabinet before you can defend yourself from potential harm?
 
holy shit

NY has a law that guns have to be locked up?

What a tyrannical shit hole, I'm stunned anyone that cares about the Constitution lives there.

why shouldn't they be locked up?

What good is a weapon if you have to run to another room, fumble with a key, open a cabinet before you can defend yourself from potential harm?

The law is worse then that, it specifically states you can not store the ammo with the weapons. SO not only do you have to get to the gun case and unlock it, you need to go somewhere else to load it.
 
Justice Billings’ application of Heller with regard to the requirement that guns be ‘unloaded and apart from their ammunition’ seems appropriate:

[T]he District’s requirement (as applied to respondent’s handgun) that firearms in the home be rendered and kept inoperable at all times…makes it impossible for citizens to use them for the core lawful purpose of self-defense and is hence unconstitutional.

DISTRICT OF COLUMBIA v. HELLER

A firearm kept separate from its ammunition at all times is indeed ‘rendered and kept inoperable.’
 

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