Welcome to City-Data.com Forum!
U.S. CitiesCity-Data Forum Index
Go Back   City-Data Forum > U.S. Forums > New York > New York City
 [Register]
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
View detailed profile (Advanced) or search
site with Google Custom Search

Search Forums  (Advanced)
Reply Start New Thread
 
Old 03-08-2014, 02:37 PM
 
Location: New Jersey!!!!
18,953 posts, read 13,843,099 times
Reputation: 21345

Advertisements

Quote:
Originally Posted by mathjak107 View Post
if you can't show them how you are coming or going directly to or from an nyc range they can confiscate your stuff ,pull your permit and prosecute.
I know this is easy for me to say, but someone needs to get arrested and fight this type of permit. It doesn't exist anywhere else in the country and would easily be defeated. More than likely, a NYC DA would drop the charges rather than risk losing the precedent. No jury would convict a legal permit holder merely for driving to a range outside of the city. It is nonsensical. This permit exists purely so that NYC can say, "we respect the 2nd Amendment, see!" while still severely restricting your inherent rights as a law-abiding American citizen.

This system is going down in a ball of flames soon anyway. With Peruta and a few other recent circuit court decisions, SCOTUS is very likely to take up Drake out of NJ and use it to strike down "shall issue" as being an unconstitutional infringement.
Reply With Quote Quick reply to this message

 
Old 03-08-2014, 02:43 PM
 
106,257 posts, read 108,257,613 times
Reputation: 79796
they did ,they lost . it was that famous case where the guy left nyc with a residence permit and went to an event in nevada. he was found guilty of not being in legal possesion of his guns.

it was beach vs kelly

"Court upholds police commissioner's revocation of New York man's pistol license based on his transport of the handgun to Nevada for a gun convention, when the license only allowed the transport of the gun to authorized hunting areas, and to small arms ranges or shooting clubs. The court rejected the gun owner's argument that his actions were authorized by the Firearms Owners' Protection Act (FOPA), 18 U.S.C. Sec. 926A, allowing the transporting of guns for any lawful purpose between two locations where the gun could lawfully be possessed and carried. The FOPA did not apply because the license did not authorize the lawfully carrying of the gun on the trip to another state. Beach v. Kelly, No. 4012, 113372/06, 2008 N.Y. App. Div. Lexis 5675 (A.D. 1st Dept.)."

Last edited by mathjak107; 03-08-2014 at 02:52 PM..
Reply With Quote Quick reply to this message
 
Old 03-08-2014, 02:59 PM
 
Location: New Jersey!!!!
18,953 posts, read 13,843,099 times
Reputation: 21345
That was prior to McDonald and Heller. Plus, didn't he already have some strikes against him? If I recall correctly, that guy had been in trouble with administrative violations in the past. Although I still disagree with the premise permit, his argument was flawed from the start. The courts don't usually set precedent using cases where the defendant knowingly disregarded laws. This is why Drake is such a good case. Read up on it.
Reply With Quote Quick reply to this message
 
Old 03-08-2014, 03:05 PM
 
106,257 posts, read 108,257,613 times
Reputation: 79796
heller case had nothing to do with nyc and its policies. heller said a city had to have a permit system. we do . it did not say everyone can carry .

we have a permit system , we may not like it it but it is a system so heller isn't an issue.

courts still uphold that a locality is free to mold their permit system to fit their way of life as they see fit. .
Reply With Quote Quick reply to this message
 
Old 03-08-2014, 06:37 PM
 
1,058 posts, read 1,988,191 times
Reputation: 577
Quote:
Originally Posted by Airborneguy View Post
That was prior to McDonald and Heller. Plus, didn't he already have some strikes against him? If I recall correctly, that guy had been in trouble with administrative violations in the past. Although I still disagree with the premise permit, his argument was flawed from the start. The courts don't usually set precedent using cases where the defendant knowingly disregarded laws. This is why Drake is such a good case. Read up on it.

This is why it would just be so much easier if we as a society banned all guns and threw anyone found with one in jail for about 30 years---- no questions asked and no excuse---- problem solved. But I am not completely cruel on this I would give you all 72 hours to turn the guns in.
Reply With Quote Quick reply to this message
 
Old 03-08-2014, 06:40 PM
 
1,058 posts, read 1,988,191 times
Reputation: 577
Quote:
Originally Posted by mathjak107 View Post
it is not pa police you have to fear. they are clueless.

my fear would be crashing coming back into new york with the guns in the car. it is easy to prove you left the state with the guns. not going directly to a nyc approved range from your house makes being off premise a crime.

that is why nyc went to these residence permits and not the hunting target ones we used to use.

if you can't show them how you are coming or going directly to or from an nyc range they can confiscate your stuff ,pull your permit and prosecute.

sounds good to me
Reply With Quote Quick reply to this message
 
Old 03-08-2014, 07:40 PM
 
Location: New Jersey!!!!
18,953 posts, read 13,843,099 times
Reputation: 21345
Quote:
Originally Posted by bilmin View Post
This is why it would just be so much easier if we as a society banned all guns and threw anyone found with one in jail for about 30 years---- no questions asked and no excuse---- problem solved. But I am not completely cruel on this I would give you all 72 hours to turn the guns in.
You say this as if you have the actual balls necessary to implement your utopian fantasy. I don't doubt that you and every other limp-wristed liberal would have no problem banning guns or confiscating them on paper, the problem arises when you need someone to carry it out.

You must not follow firearms news. New York and Connecticut both passed laws last year requiring the registration of AR15's and other rifles people like you are born afraid of. Connecticut's deadline for registration was December 31st. Somewhere around 100,000 residents ignored the law. Head up north, start knocking on doors tough guy, put your money where your liberal mouth is. You can show everyone who is going to ignore the law in NY (April 15th deadline) who is boss so that they'll cave.

At some point, government money is no longer able to compel men with guns to forcefully implement your causes. Connecticut and New York are learning that lesson now.

Just don't come to my house. You'd become physically ill at the site of all of my toys. We wouldn't want that now would we?
Reply With Quote Quick reply to this message
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.

Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.


Reply
Please update this thread with any new information or opinions. This open thread is still read by thousands of people, so we encourage all additional points of view.

Quick Reply
Message:



Over $104,000 in prizes was already given out to active posters on our forum and additional giveaways are planned!

Go Back   City-Data Forum > U.S. Forums > New York > New York City
Similar Threads
View detailed profiles of:

All times are GMT -6. The time now is 09:41 AM.

© 2005-2024, Advameg, Inc. · Please obey Forum Rules · Terms of Use and Privacy Policy · Bug Bounty

City-Data.com - Contact Us - Archive 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37 - Top