{"id":7685,"date":"2013-04-15T13:44:05","date_gmt":"2013-04-15T17:44:05","guid":{"rendered":"http:\/\/blogs.northcountrypublicradio.org\/inbox\/?p=7685"},"modified":"2013-04-17T14:28:18","modified_gmt":"2013-04-17T18:28:18","slug":"supreme-court-wont-hear-challenge-to-nys-gun-law","status":"publish","type":"post","link":"https:\/\/blogs.northcountrypublicradio.org\/inbox\/2013\/04\/15\/supreme-court-wont-hear-challenge-to-nys-gun-law\/","title":{"rendered":"Supreme Court won’t hear challenge to NYS gun law"},"content":{"rendered":"
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The US Supreme Court. Photo: dbking<\/a> CC some rights reserved<\/a><\/p><\/div>\n

Correction, 4\/17\/13: Thanks to an alert reader for pointing out a couple areas where this post needed clarification or correction. The changes are clearly noted below.<\/em><\/p>\n

A couple of the more controversial provisions of New York state’s new gun law, the NY SAFE Act<\/a>, go into effect Monday: Owners of guns that have been reclassified as assault weapons now have to register them; and there are new limits to the number of bullets now allowed in magazines<\/a>.<\/p>\n

The law, as we know, has been controversial since its inception. Many applaud the law or are at least OK with it<\/a>; others say it was passed too quickly, that it won’t help stop gun violence, that it violates the Second Amendment (and interestingly, the Constitution’s Commerce Clause<\/a>), or that they simply won’t follow it<\/a>. Several<\/del> (correction made here)<\/em> More than 50 New York state counties have also passed resolutions protesting the law<\/a>, and more are pending. That’s 82 percent of the state’s counties. (here’s a story on Essex County’s resolution<\/a>.)<\/p>\n

Opponents of the law have brought several legal challenges (on various bases<\/a> — here’s a report from NCPR on one such challenge based on the speed with which the law was passed.), and one of these, Kachalsky v. Cacace, made it almost to the Supreme Court.<\/del><\/p>\n

(Correction made here)\u00a0In a related story, a 2011 Case, Kachalsky v. Cacace, has come into the spotlight this week (to be clear, this case was not <\/em>brought in reaction to the NY SAFE act but to a different New York state gun law.) I’m having trouble finding a non-slanted description of this case, but here’s a link to the 2nd Circuit Court of Appeals’ decision on the case<\/a> (they found the law was not <\/em>unconstitutional), which has some pretty good information.<\/p>\n

In essence, Kachalsky v. Cacace made challenged the law thusly: The NY SAFE act<\/del> law has a provision that requires people seeking permits to carry handguns in public to demonstrate that they need to do so, for self-protection. Five New Yorkers who had been denied permits to carry handguns in public brought the case.The plaintiffs (this from a New York state criminal lawyer’s blog<\/a>)<\/p>\n

argu[ed] that a state can not place any restriction on owning and carrying a gun when the gun is sought for self-protection. Plaintiffs argued that since the Second Amendment protects the right to bear arms for purposes of self-defense and since many violent crimes occur without warning, a license must be issued when a person “desires [a gun] for self-defense.”<\/p><\/blockquote>\n

The Supreme Court announced today that it won’t hear the case. The New York Times reports<\/a> that the court, as is its custom, didn’t say why it wasn’t taking up the case. The fact that they’re not taking it now doesn’t mean they won’t be looking at this issue in the future, when a case they consider more appropriate comes along.<\/p>\n

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 <\/p>\n","protected":false},"excerpt":{"rendered":"

Correction, 4\/17\/13: Thanks to an alert reader for pointing out a couple areas where this […]<\/p>\n","protected":false},"author":75,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":[],"categories":[1],"tags":[],"_links":{"self":[{"href":"https:\/\/blogs.northcountrypublicradio.org\/inbox\/wp-json\/wp\/v2\/posts\/7685"}],"collection":[{"href":"https:\/\/blogs.northcountrypublicradio.org\/inbox\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/blogs.northcountrypublicradio.org\/inbox\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/blogs.northcountrypublicradio.org\/inbox\/wp-json\/wp\/v2\/users\/75"}],"replies":[{"embeddable":true,"href":"https:\/\/blogs.northcountrypublicradio.org\/inbox\/wp-json\/wp\/v2\/comments?post=7685"}],"version-history":[{"count":1,"href":"https:\/\/blogs.northcountrypublicradio.org\/inbox\/wp-json\/wp\/v2\/posts\/7685\/revisions"}],"predecessor-version":[{"id":7687,"href":"https:\/\/blogs.northcountrypublicradio.org\/inbox\/wp-json\/wp\/v2\/posts\/7685\/revisions\/7687"}],"wp:attachment":[{"href":"https:\/\/blogs.northcountrypublicradio.org\/inbox\/wp-json\/wp\/v2\/media?parent=7685"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/blogs.northcountrypublicradio.org\/inbox\/wp-json\/wp\/v2\/categories?post=7685"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/blogs.northcountrypublicradio.org\/inbox\/wp-json\/wp\/v2\/tags?post=7685"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}