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
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