immediate family gun transfer nys

And there is one, here.The Nashville Metro Police provided detailed bodycam footage of the search for and takedown of Hale by an officer (a Metro SWAT Team member, perhaps?) And there is a more basic question? . And they likewise appear to contain only narrow, objective, and definite standards guiding licensing officials, Shuttlesworth v. Birmingham, 394 U. S. 147, 151, 89 S. Ct. 935, 22 L. Ed. .. No longer can we strike the balance. Logically, one or the other position is the case. And the Bill of Rightsa formidable ally to their Cause, hardly a little thing, although some make light of ithas their back. The physical manifestation of destruction is mirrored in the corrupt soul of the Tyrant. Hochulthose two things have come into conflict. See the Arbalest Quarrel article posted on our website on March 15, 2023, and reposted in Ammoland Shooting Sports News, on March 20, 2023, we explored how Sheriff Giardino contends with a conundrum.After all, the CCIA may be THE LAW OF THE STATE since 2022, but the BILL OF RIGHTS is THE LAW OF THE LAND and it has been so since 1791.The CCIA must take a backseat to the stricture of natural law, as codified in the Bill of Rights.Where there is a conflict, Sheriff Giardino will always follow the dictates of the Bill of Rights of the Constitution, not State law. What DID the Court really say? In answer to our own question, we learned the reason for the wait. Government at all levels exists only to serve the interests of the people.Government exists only through the consent of the governed. Horowitz devotes the bulk of the book to a discussion of the tremendous misdeeds of the President and the horrific effects of his Administrations agenda that followed upon the reversal of Trumps policies. Just eight days later on July 1, 2022, the New York Legislature responded to Governor Hochuls call to defy this Courts authority and resist Bruens protection of Second Amendment rights, enacting the Concealed Carry Improvement Act (CCIA). Among our published papers, See, e.g., article posted on, Albany passed the packet of amendments, referred to as the Concealed Carry Improvement Act (CCIA), on July 1, 2022, just one week after publication of the decision in Bruen, becoming the first State to amend its Handgun Law. More fearful is she of angering her benefactors than of betraying those New York residents who are citizens of the United States, and of betraying the U.S. Constitution and the Bill of Rights. Would there be cause to fear the common man if Government would but forbear exerting power and authority upon him? With Biden the world has a completely different perspective, and the damage done to this Nations security and to the security of the world is painfully clear. Tyranny thus grows, becoming more evident, more strident, more emphatic with each new edict. But once we granted certiorari, both the City and the State of New York sprang into action to prevent us from deciding this case. . The Government will be compelled to issue a lot more concealed handgun carry licenses. But the High Court made clear it will be watching closely to determine whether either the Second Circuit or the Government is dragging its feet on this. A demented fool for President and the implementation of policies designed to harm the Nation dont just happen. the Second Amendment of the Bill of Rights. They were not amused. It is an affront to the Nations history and heritage, and inconsistent with our Nation's core beliefs, grounded as they are on the sanctity and inviolability of the individual Self over Government. Further to the point, should there be some limitation on who possesses a firearm? (emphasis added).Respondents have failed to meet this heavy burden. Adarand Constructors,Inc.v.Slater, 528 U. S. 216, 222, 120 S. Ct. 722, 145 L. Ed. And it cant do that either. Hochul apparently failed to peruse, or, otherwise, she dismissed the reasoning of the Court. Of late, even where a handgun isnt employed in self-defense, any use of self-defense that results in harm or death to an assailant may still result in a felony indictment. And, the Press and politicians point to the many guns in the hands of the law-abiding citizen. What happens then? Mass killing refers isan incident in which at least four people are killed.The organization, The National Mass Violence Victimization Resource Center (NMVVRC), whose mission, as stated, is directed to serving victims of mass violence points to a plethora of definitions for similar expressions, in an article, Definitions of Mass Violence Crimes. AQ refuses to be pigeonholed, focused on terminology cunningly devised by propagandists. In that time, he tried over 200 cases, including over 40 murder or attempted-murder cases. And the Sullivan Acts head is in the guillotine.Having grown visibly tired of seeing Heller, McDonald, and now Bruen waylaid by stubborn State Governments and their Courts, and by their brethren on the High Court as well, Associate Justices Clarence Thomas and Samuel Alito will insist on attacking unconstitutional Government laws directly, and strenuously. Physicians also are being asked to step up. Police said Hale was equipped with at least two assault weapons and a handgun, and in searching her family home in Nashville, officers found detailed maps and a manifesto of the attack. And the Rights contained in it are not to be dismissed.Those Rights are notas many politicians argue, and as the legacy Press echoesto be construed as some sort of archaic, mutable appendix to the Articles, to be constrained, modified, abrogated, or ignored because, to some, those rights dont cohere with the current fad or fashion.The Bill of Rights is a codification of natural law.The Rights enshrined in the U.S. Constitution are not man-made constructs. 2d 320, 324, 411 N. Y. S. 2d 309, 311 (1978);In re OConnor, 154 Misc. It will do no such thing. Compare Gould v. Morgan, 907 F. 3d 659, 677 (CA1 2018); Kachalsky v. County of Westchester, 701 F. 3d 81, 101 (CA2 2012); Drake v. Filko, 724 F. 3d 426, 440 (CA3 2013); United States v. Masciandaro, 638 F. 3d 458, 460 (CA4 2011); Young v. Hawaii, 992 F. 3d 765, 773 (CA9 2021) (en banc), with Wrenn v. District of Columbia, 864 F. 3d 650, 668, 431 U.S. App. Candidate 2013, Columbia Law.New York holders of valid handgun licensees may not be immediately aware of an important fact. Most of the next full page focuses on the president. New York Gun Laws & How To Sell a Gun in New York - Cash My Guns Photographs of both the person and the weaponry are presented. This special need standard is demanding. . School shootings will therefore continue because the Administration wants them to continue. Inferring the plain meaning of the Constitution, the decisions of the Court are not to be shunted aside due to the fervor of the moment. through the enactment of the New York Safe Act of 2013.Cuomo rammed that through the State Senate in the dead of night, and, once it had passed the Senate, he immediately signed it into law, on January 15, 2013.HochulsConcealed Carry Improvement Act of 2022 doesnt ease the dire impact of the Safe Act on those who seek to keep and bear arms. Im prepared to call the legislature back into session. The forces that crush western nations and people realize the usefulness of sociopathic and psychopathic elements to destabilize nation-states if allowed to do so, and they are given free rein to do just that in the United States. ThusThe common man cannot be controlled, corralled, nor subjugated so long as he bears arms. Through manipulation of the electoral system, the forces that crush nations and people, sat their stooge in Office, a shell of a man; one who was and is corrupt and pliable, compliant, and ill-informed, a person physically and emotionally weak, suffering the onset of dementia. That is a dead certainty.____________________________________Copyright 2023 Roger J Katz (Towne Criour), Stephen L. DAndrilli (Publius) All Rights Reserved. To capitulate to the forces behind the Biden Administration is to betray those who fought and died to create a free Republic, having successfully overthrown tyranny and to betray those Americans who, through the succeeding years and decades and centuries, had fought and died to preserve a free Republic. The book is replete with evidence for it. is one thing. v 6 Id.The Safety program appears to be one-dimensional, though, essentially limited to the use of metal detectors to scan for weapons. 195, 1, p. 443. Immediate Family Bill of Sale; Executor Bill of Sale; Firearms Opt Out Form; New Gun Law FAQ; Minimum Standards for Firearm Safety Training; . Rather, it appears that these shall-issue regimes, which often require applicants to undergo a background check or pass a firearms safety course, are designed to ensure only that those bearing arms in the jurisdiction are, in fact, law-abiding, responsible citizens. Ibid. School Superintendent Vito D'Elia pointed to the long string of shootings in school settings in this country.On Friday, Callahan said teachers supporting the move say we are in an unsafe world, and we need to do everything in our power to ensure that when students come to school in the morning, they get home safe.Those opposed, he said, worry that bringing weapons into school opens the door to more violence.How can the utilization of armed resource officers open the door to more violence? The Hochul Government has utilized several of these and has prevailed on those members of the New York publicthose peculiarly susceptible to emotional messagingto support the Government in its efforts to dismantle the operation of the Second Amendment guarantee in New York. And he does have a lot of legal experience. Hochul hammered this idea home on her website, the day she signed the CCIA into Law, July 1, 2022. How to Do a Private Sale of a Weapon Between Immediate Family Members Federal Law also prohibits illegal aliens from possessing firearms. That she would defy the High Court, is transparent in the title of the message: Governor Hochul Signs Landmark Legislation to Strengthen Gun Laws and Bolster Restrictions On Concealed Carry Weapons In Response To Reckless Supreme Court Decision. See also her remarks of August 31, 2022. On January 11, 2021, Democrats filed an article of impeachment against Trump, charging him with incitement of insurrectionthe second such action against Trump, altogether legally unmerited, politically unwarranted, and certainly unprecedented. When the New York Government under the Progressive Hochul, and the Democrat Party majority in control of the Legislature in Albany, mulled over the problem of constructing a new mechanism to limit issuance of concealed handgun carry licenses in New York, and decided on utilizing a robust GOOD MORAL CHARACTER requirement, they didnt bother themselves to ask the questions we ask, let alone provide answers for them. The essence of the problem rests with the very act of requiring a license to exercise a fundamental right in the first instance. The New York Government, and, by extension, the Second Circuitone through weak argument, and the second through a lame judicial orderhave admitted they detest the Second Amendment, and are contemptuous of both the rulings in Bruen. The pity of it is that speaking ill of our Country and of our cherished values and tenets and precepts has become commonplace. That helps explain why the Federal Government and various State Governments are doing little to nothing to prevent rampant, raging violent crime and why it is that Government treats criminal violence gingerly, circumspectlyemploying its energies to prevent the average, law-abiding, responsible, rational citizen from keeping and bearing arms, as it is the common man, not the depraved criminal and rampaging lunatic that Government sees as potentially the greater threat to IT, i.e., to Government. 2d 94 (2001), the Second Amendment extends, prima facie, to all instruments that constitute bearable arms, even those that were not in existence at the time of the founding.Although Hochul's caustic dismissal of the Second Amendment might not come as a surprise to anyone now, we would be remiss if we fail to point out that Hochul didn't, apparently, always think this way, as she heretofore evinced a completely different viewpoint, when making her bid for a four-year term in the Government's mansion, as reported by the Washington Examiner, on May 31, 2022:Hochul, who replaced Andrew Cuomo in the governors mansion last August after nearly eight years as the lieutenant governor, has made a dramatic shift to the left on gun control since 2012, the year she earned an endorsement from the NRA during her failed bid to represent New Yorks right-leaning 27th District in the House.The ad plays a clip of Hochul, then a first-term member of Congress with anA ratingfrom the NRA, touting theendorsement. Since then, the lower courts have decided numerous cases involvingSecondAmendmentchallenges to a variety of federal, state, and local laws. natural law God-Given right to keep and bear arms. It works! And what of we, the commoners, the sovereign people of a once Great Nation? Usually, if not invariably, a text immediately accompanies an announcement of a bill. That is not how the First Amendment works when it comes to unpopular speech or the free exercise of religion. But, when Trump talked about voter fraud in the election, Democrats and a sympathetic Press called it the Big Lie, and likened Trump to Adolf Hitler. New York UNRESTRICTED FULL CARRY CONCEALED HANDGUN LICENSES are for all intents and purposes now reduced to RESTRICTED LIMITED CARRY CONCEALED HANDGUN CARRY LICENSES, most notably, on Manhattan Island. At bottom the Federal Government and the New York Government fear the armed citizen more, much more, than they fear the armed, combative, violent criminal. One might have thought that the City, having convinced the lower courts that its law was consistent with Heller, would have been willing to defend its victory in this Court. They have no sentient will. And in a free Constitutional Republic, upon which this Nation was constructed, such usurpation by Government of that sovereign authority belonging solely to the American people is an abomination. Where it gets tricky is whether or not she can transfer to you or not. . The coming U.S. Presidential election may well be our last, as Horowitz warns. But does that fact alter the force of the Bill of Rights, and do we treat these Rights contained therein, like any other Constitutional provision? Richard Hudson reintroduced the bill on January 4, 2021. here is nothing to be said about it that isnt in the title of it. Biden is the perfect placeholder for those forces that seek to destroy the Nation. It must be tested.Heller, McDonald, and Bruen, together, apparently do not operate, in the mind of the New York Government, as a formidable force, powerful enough to overcome the New York Governments belief in its own legal and moral invincibility. And, some credible basis could be made, if the High Court wished to deal with the applicability of the, jurisprudentially and jurisdictionally, as the application of it has expanded exponentially through time (so why not here? And uniting our nation. They perceive this notion as wrongheaded and illogical. He has as much chance of gaining the Republican Party nomination as Mitt Romney or Liz Cheney. He next thinks of his deputies and the other employees he manages. Div. Rather, he is pointing to a confounding box the, places him in and the waythe only wayhe can extricate himself from it without offending the. Rather, the right of the people to keep and bear arms is tied to a notion of armed self-defense against the criminal element. They are eternal, and they reside in man, as bestowed on man by the Divine Creator. v. The City Of New York, 140 U.S. S. Ct. 1525 (2020), New Yorks proper-cause requirement violates theFourteenth Amendmentin that it prevents law-abiding citizens with ordinary self-defense needs from exercising their right to keep and bear arms.. the Plaintiffs brought their grievance to the U.S. Supreme Court. And the Government did not stop with the enactment of that. But, the Second Circuit has provided the New York Government until 4.00 PM, Tuesday, January 3, 2023, to issue its response if it wishes to do so. It is in this belief of the Framers that our Constitution took shape. And the Democrat Party legislative machinery in Albany, at the behest of New York Governor Kathy Hochul, did strike Proper Cause from the States Handgun Law, the Sullivan Act.But a comprehensive set of amendments to the Law did nothing to weaken the import of the Act.Hochul and Albany simply rejiggered it, leading immediately, and unsurprisingly, to a new round of challenges.But what accounts for this brazenness of the New York Government? We are not going to cede our rights that easily, despite the best efforts of the politicized Supreme Court. And Biden's declaration is hollow and vacuous because he isn't serious about protecting children. Both parties, Plaintiff Petitioners, and Defendant Respondent New York State Government, knew the outcome before the hearing took place, or had good reason to suspect a positive outcome for Petitioners and a decidedly adverse one for the State. Can it rationally claim national security concerns, demanding that stringent measures be taken against those gun-toting MAGA Americans, and claiming a desire to protect the public from this thing. That means only one or the other bill would pass and could be given effect. And for good measure the State enacted a law making the old New York City ordinance illegal.Thereafter, the City andamicisupporting its position strove to have this case thrown out without briefing or argument. And the High Court will take that appeal up, as it must since the CCIA not only infringes the core of the Second Amendment, but it is a blatant affront to, and contemptuous of, the Bruen rulings.But what happens when law enforcement sees the CCIA colliding with the Bill of Rights, during the pendency of the Antonyuk case?That may not concern the State Police and major city police officers, but it does present a problem for New Yorks County Sheriffs, like Fulton County Sheriff Richard Giardino. The Heritage Foundations 2019 datasays,. Under the CCIA, such full carry licenses, are constrained by numerous rigidly enforced place restrictionswhich the Government may add to at any time.New York UNRESTRICTED FULL CARRY CONCEALED HANDGUN LICENSES are for all intents and purposes now reduced to RESTRICTED LIMITED CARRY CONCEALED HANDGUN CARRY LICENSES, most notably, on Manhattan Island. . The Court articulated this point clearly and categorically. They should be a little less cheerful and gullible, and a little more watchful and reflective, regarding their expectations. the Second Amendment to the U.S. Constitution. another reason for eliminating the exercise of the right in it. Readers are invited to peruse our comprehensive blog posts. In that time, he tried over 200 cases, including over 40 murder or attempted-murder cases.Of course, as with anyone we interview, Sheriff Giardinos opinions are his own. And why is it fair to say the recent set of Amendments to New Yorks Handgun Law (the Sullivan Act) is no less in conflict with the right codified in the Second Amendment, after Bruen, than before the Bruen decision?As we argue, the Amendments to the Handgun Law, The Concealed Carry Improvement Act of 2022 (CCIA), negatively impact not only the Second and Fourteenth Amendmentsbut the First and Fourth Amendments of the Bill of Rights as well.Moreover, for holders of valid New York concealed carry licenses prior to Bruen, the Amendments to the Handgun Law do not secure acquiring a renewal of their concealed handgun carry license any easier, but create new hurdles for those licensees, no less so than for new applications for concealed carry licenses.And, for those individuals who do acquire a valid New York concealed handgun carry license under the CCIA, its usefulness is jeopardized.Prior to Bruen, the State had established two tiers of concealed handgun carry licenses: Restricted and Unrestricted. AR-15 style rifle chambered in a .223 Remington round or a 5.56x45mm NATO round . In parallel cases presenting related issues, the Second Circuit has likewise issued unreasoned summary stay orders, but in those cases it has ordered expedited briefing., The New York law at issue in this application presents novel and serious questions under both the First and the Second Amendments. is THE LAW OF THE LAND and it has been so since 1791. So I call on Congress again to pass my assault weapons ban., We have to do more to protect our schools. New Yorks Handgun Law was in the crosshairs of U.S. Supreme Court for at least a couple of years. (quotingCity Chapel, 744 N.E.2d at 446(quoting Ind.)). L. Rev. A gun licensing regime clearly designed to subvert the fundamental natural law right to armed self-defense is a thing that, long ago, should have been repealed by the State Legislature or struck down by the New York Courts, buried, and never again resurrected.Instead, this thing has not only lingered but has through time grown appreciably stronger. The New York Governments responseif there is onemust be filed by late afternoon, Tuesday, January 3, 2023. The Tyrant fears the common man.New Yorks Handgun Law, the Sullivan Act, was enacted in 1911. The founders of our Republic, the framers of our Constitution were acutely aware of the profound importance of firearms to both the creation of and maintenance of a free Republic. . They only needed to be finalized.To that end, Hochuls temper tantrum directed to the Court upon publication of Bruen was obviously meant to pave the way for legislation designed to cohere with related contemporaneous Anti-Second Amendment legislation, apart from, but complementing, the Concealed Carry Improvement Act (CCIA) and operating seamlessly with it.The Press Release, dated June 6, 2022, on the Governors website, sports the headline: Governor Hochul Signs Landmark Legislative Package to Strengthen Gun Laws and Protect New Yorkers. The Ten-Bill Package includes:Legislation S.9458/A.10503 Bars Purchase of Semiautomatic Rifles by Anyone Under Age 21 by Requiring a LicenseLegislation S.9407-B/A.10497 Prohibits Purchase of Body Armor with Exception of Those in Specified ProfessionsLegislation S.9113-A./A.10502 Expands List of People Who Can File Extreme Risk Protection Orders and Requires Law Enforcement to File ERPOs Under Specified Set of CircumstancesPackage Also Strengthens Crime Reporting; Closes Other Gun Loophole; Requires Microstamping of New Semiautomatic Pistols; Eliminates Grandfathering of High-Capacity Feeding Devices; Requires Social Media Companies to Improve Response to and Reporting of Hateful Content.Approximately one month later, on July 1, 2022, scarcely one week after the publication of the Bruen decision, i.e., on June 23, 2022, and again, on the Governors official website, and, under the bold, brash, impertinent headline, Governor Hochul Signs Landmark Legislation to Strengthen Gun Laws and Bolster Restrictions on Concealed Carry Weapons in Response to Reckless Supreme Court Decision, Hochul lays out a series of amendments to the Handgun Law itself, ostensibly responding to the Bruen rulings:Legislation (S.51001/A.41001) Restricts the Carrying of Concealed Weapons in List of Sensitive LocationsInstitutes a Default of No Concealed Carry on Private Property and Businesses Unless Deemed Permissible by Property OwnersEstablishes New Eligibility Requirements and Expands Disqualifying Criteria for Those Seeking Concealed Carry PermitsEnhances Safe Storage Requirements, Extends Requirements to VehiclesRequires Backgrounds Checks for All Ammunition PurchasesAmends Body Armor Purchase Ban to Include Hard Body Armor Used by Suspect in Buffalo Shooting.Again, given the depth and breadth of these amendments to New Yorks Handgun Law, this new package of amendments, The Concealed Carry Improvement Act MUST HAVE BEEN DRAFTED WELL IN ADVANCE OF PUBLICATION OF THE COURTS OPINION IN BRUEN.At most, the Hochul Administration and Albany had merely to tidy up some of the provisions in the CCIAperhaps striking the words, PROPER CAUSE, from the Handgun Law if the High Court were to demand that much from Kathy Hochuls Governmentwhich Governor Hochul and Albany did. . Our nations founders would blanch to see how different the court is today from their conception of it. Federal restrictions. It most definitely is.Whether the Government responds or not, however, various scenarios play out. 2d 199, 201, 673 N. Y. S. 2d 66, 68 (1998)(approving the New York City Police Departments requirement of extraordinary personal danger, documented by proof of recurrent threats to life or safety (quoting38 N. Y. C. R. R. 5-03(b))).It was, then, left up to the various Licensing Authorities in New York to construct operational rules for Proper Cause/Extraordinary Need.The expression, Proper Cause, means Special Need. And the expression, Special Need means that an applicant for a concealed carry license must establish a reason for carrying beyond simple self-defense.A demand that a prospective concealed carry licensee convince the licensing authority that his need arises from anExtraordinary Need, i.e., a need beyond that faced by most people is what New York and similar May Issue jurisdictions demand.
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