New York gun law survives challenges

Posted 11/26/23

ALBANY, NY – The New York State Court of Appeals declined to hear Second Amendment challenges in six cases that tried to overturn charges of illegal weapons possession.

The challenges came …

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New York gun law survives challenges

Posted

ALBANY, NY – The New York State Court of Appeals declined to hear Second Amendment challenges in six cases that tried to overturn charges of illegal weapons possession.

The challenges came in the wake of last year’s landmark U.S. Supreme Court’s decision in New York State Rifle & Pistol Association v. Bruen, which significantly limits what the government can do to restrict guns.

The Court of Appeals issued decisions in six gun-related cases: David v. New York, Garcia v. New York, Cabrera v. New York, Rivera v. New York, Pastrana v. New York, and Telfair v. New York. In all six, the court did not accept the plaintiff’s Second Amendment challenges, ruling in New York Attorney General Letitia James’ favor that those claims were not made in the lower courts and therefore could not be argued in the appellate court.

“Gun safety laws protect New Yorkers and are commonsense tools in the fight against gun violence,” James said after the decisions. “Individuals who illegally possess a weapon are a threat to our communities and should be held accountable for the harm they pose.”

She said the decisions affirm the state’s authority to regulate gun possession within the bounds of existing laws.

A few states have approved new gun restrictions since the Supreme Court ruling, including a ban on high-capacity ammunition magazines in Oregon. But last week, a three-judge panel of the U.S. Court of Appeals for the Fourth Circuit in Richmond, VA, ruled unconstitutional Maryland’s licensing requirements for handguns.

guns, gun law, U.S. Supreme Court, New York State Rifle & Pistol Association v. Bruen, David v. New York, Garcia v. New York, Cabrera v. New York, Rivera v. New York, Pastrana v. New York, Telfair v. New York

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