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Thread: NYC Gun Ban Unconstitutional?

  1. #1

    Question NYC Gun Ban Unconstitutional?

    Isn't it? One can't even carry a medium sized knife in the city. How is this violation of our constitution allowed or justified?
    John Adams:

    There is danger from all men. The only maxim of a free government ought to be to trust no man living with power to endanger the public liberty.

    Thomas Jefferson:

    No man has a natural right to commit aggression on the equal rights of another, and this is all from which the laws ought to restrain him.


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  3. #2
    Because no one pays attention to that "quaint" old document anymore..
    __________________________________________________ ________________
    "A politician will do almost anything to keep their job, even become a patriot" - Hearst

  4. #3
    I imagine that with the "Heller" Supreme Court decision that most of these type of ordinances will eventually be challenged.

  5. #4
    //
    Last edited by Pennsylvania; 06-24-2009 at 09:30 PM.

  6. #5

    Question

    Quote Originally Posted by Pennsylvania View Post
    I am not sure these state or city bans are unconstitutional as it pertains to the U.S. constitution. As I understand it, the Second Amendment's focus is not infringing upon the rights of the citizen at the Federal level.

    I would think constitutionality of this law would need to be addressed within the frame of the NY state constitution.
    It makes sense to me that if a state like New York agrees to be apart and uphold the nation's constitution then it by constitutional law should not violate that constitution within its own state constitution. If that's not the case, then what's the point of the having a nation of sovereign states under a ineffective national constitution?
    John Adams:

    There is danger from all men. The only maxim of a free government ought to be to trust no man living with power to endanger the public liberty.

    Thomas Jefferson:

    No man has a natural right to commit aggression on the equal rights of another, and this is all from which the laws ought to restrain him.


    www.FarmFreshRawFoods.com Support our small business. We accept Gold & Silver!
    We also donate 5% of our annual profits to a local charity not named Uncle Sam.

  7. #6
    Quote Originally Posted by gls View Post
    I imagine that with the "Heller" Supreme Court decision that most of these type of ordinances will eventually be challenged.
    Do you know of any potential challenges being stirred up, it would be good to help.
    John Adams:

    There is danger from all men. The only maxim of a free government ought to be to trust no man living with power to endanger the public liberty.

    Thomas Jefferson:

    No man has a natural right to commit aggression on the equal rights of another, and this is all from which the laws ought to restrain him.


    www.FarmFreshRawFoods.com Support our small business. We accept Gold & Silver!
    We also donate 5% of our annual profits to a local charity not named Uncle Sam.

  8. #7
    Quote Originally Posted by Maximilian American View Post
    It makes sense to me that if a state like New York agrees to be apart and uphold the nation's constitution then it by constitutional law should not violate that constitution within its own state constitution. If that's not the case, then what's the point of the having a nation of sovereign states under a ineffective national constitution?
    Well they don't use the national constitution how it should be anyways so I am confused as to why people are "Shocked" at all by this.

    States should be able to run their state as they want, if those in NY voted for it then so be it. Now is this for the entire state OR was it a NYC ban? There are many laws that can get changed within city limits whereas rural and outskirt areas have different laws pertaining to guns like here in California for instance.

    I am unclear on the NYC ban so I will check it out.


    ON the OP though,

    I don't know what a gun ban has to do with not even being able to carry a knife though...
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  9. #8
    Quote Originally Posted by Maximilian American View Post
    Do you know of any potential challenges being stirred up, it would be good to help.
    All it takes is a freedom loving gun supporter to stand up for him or herself and there will be plenty. It is happening over here in California with plenty of people getting arrested for LEGAL unloaded oc'ing.


    It will take people in NYC to stand up and until that happens enjoy being gunless.
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  11. #9
    //
    Last edited by Pennsylvania; 06-24-2009 at 09:30 PM.

  12. #10
    Quote Originally Posted by Maximilian American View Post
    Do you know of any potential challenges being stirred up, it would be good to help.
    According to this article the NRA is suing Chicago and is considering taking the same action in NYC. Basically it'll come down to how the court defines "reasonable" regulation.

    http://www.nydailynews.com/news/us_w..._gun_laws.html

    New Yorkers must get a license from the NYPD to own a gun and must follow stringent rules, such as keeping rifles and shotguns locked up.

    City officials believe those limits will pass muster, but Brophy said the $340 fee every three years may be too high to be reasonable, and the minimum six-month wait for a license to be approved may be too long.

    "The best argument against democracy is a 5 minutes conversation with the average voter." --Winston Churchill

  13. #11
    Quote Originally Posted by Pennsylvania View Post
    I am not sure these state or city bans are unconstitutional as it pertains to the U.S. constitution. As I understand it, the Second Amendment's focus is not infringing upon the rights of the citizen at the Federal level.

    I would think constitutionality of this law would need to be addressed within the frame of the NY state constitution.
    First amendment says "Congress shall make now law". The second amendment doesn't put that qualifier in it.
    __________________________________________________ ________________
    "A politician will do almost anything to keep their job, even become a patriot" - Hearst

  14. #12
    //
    Last edited by Pennsylvania; 06-24-2009 at 09:31 PM.

  15. #13
    Quote Originally Posted by Pennsylvania View Post
    Why just congress then? If you are going to require that the states guarantee the right to bear arms, why not also require them to guarantee rights to speech and religion?
    Because at the time it was written, there were State sponsored religions.
    __________________________________________________ ________________
    "A politician will do almost anything to keep their job, even become a patriot" - Hearst

  16. #14
    Quote Originally Posted by Matt Collins View Post
    Because at the time it was written, there were State sponsored religions.
    Makes sense for religion then, but not for speech.

  17. #15
    It's only a matter of time before the precedent set by Heller v. DC leads to the Supremes incoporating the 2nd Amendment. All we need is a good lawsuit to come out of Chicago or New York.
    Quote Originally Posted by JoshLowry View Post
    Yongrel can post whatever he wants as long as it isn't porn.

  18. #16
    Quote Originally Posted by newyearsrevolution08 View Post
    All it takes is a freedom loving gun supporter to stand up for him or herself and there will be plenty. It is happening over here in California with plenty of people getting arrested for LEGAL unloaded oc'ing.


    It will take people in NYC to stand up and until that happens enjoy being gunless.
    The only people who own guns in NYC are the gangsters and why would they complain? They love the gun ban! First it makes them cooler, and secondly, no one else owns a gun.



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  20. #17
    Its really weird in some ways... NYC itself has very strict gun control laws (the surrounding areas outside of the city are slightly less strict but still stricter than most other states iirc) but unlike Philly or the Suburbs of DC, we have a relatively low crime rate so people by and large feel safe and don't believe they need a gun to protect themselves (crack heads and gang members excluded obviously). Its actually goes against the more common stats seen around the country and around the world about guns bans = greater violence.

    I think people here are mixed on the second amendment right to own a gun but even those that support the ideology of it are less likely to own one and aren't as focused on the hoops one has to jump through for a permit.

  21. #18
    the 14th amenment makes the 2nd apply to the states



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