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8/16/2022 4:37:09 PM
Posted: 6/25/2022 8:23:19 AM EDT
[Last Edit: DaveM4P99]
A lot are disappointed the ruling didn't strike licensing schemes...

But Thomas' opinion does not affirm or deny the constitutionality of licensing...BECAUSE THIS CASE DIS NOT ASK THEM TO ADDRESS THAT.

Kavanaugh's concurring opinion means nothing....BUT if you must give it weight, all he is saying is that this decision does not affirm or deny licensing as being constitutional.

Kavanaugh did not say licensing is constitutional...just that this case does not address that question.

But with how Thomas' opinion was worded...licensing is DONEZO after future cases. He even said in his dicta that licensing is and can often be abused...and the court welcomes future cases on that.
Link Posted: 6/25/2022 9:24:01 AM EDT
[#1]
I am not so sure about that. Unless the concept of licensing is completely struck down in its entirety, then as long as licenses are issued on a non-discriminatory basis and are not unduly burdened with treble fees and tests, it may be a tough stretch to make them completely go away. Add to that, what about registration of weapons without licensing? I can see New York still requiring registration of weapons, including MSR's, if they are forced to legalize them again.

I know that it is often brought up that you cannot tax a right but they used to tax voting and that required the 24th Amendment to stop that practice. And voting was an enumerated right in the main body of the constitution.
Link Posted: 6/25/2022 9:35:13 AM EDT
[#2]
Well NYs license system is one of the most burdensome in the nation...I see at least much of it getting tossed in the coming years.
Link Posted: 6/25/2022 9:37:05 AM EDT
[#3]
From GD...


It doesn’t just invite them [lawsuits against licensing]. He told us in black-and-white exactly which challenges to bring next to chip away at licensing hurdles and ultimately the exact arguments we should use to successfully either get rid of licensing altogether or at least (or first) demanding universal reciprocity between states if licenses haven’t been struck down yet
Link Posted: 6/25/2022 4:32:12 PM EDT
[#4]
I wish I had your optimism, OP. I don’t see pistol permit ever going away in NY, but would gladly eat crow if that day ever comes.
Link Posted: 6/25/2022 5:36:55 PM EDT
[#5]
They'll be able to keep the license, but 30 years from now, it will be equivalent to the NICS check, and maybe a registration list, for an inflation indexed $10 fee.  Long road, I'll probably be dead by then, but it'll get close to no license.  Maybe it will go away when the state wants to save the money, or, *gasp* goes red again.
Link Posted: 6/25/2022 6:06:21 PM EDT
[#6]
Regardless, those with restrictions on their pistol permits should write a letter requesting they be lifted. Do it asap, and refer to this ruling, as well as Heller and McDonald cases.
Link Posted: 6/25/2022 7:56:36 PM EDT
[Last Edit: DaveM4P99] [#7]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By 41magluva:
Regardless, those with restrictions on their pistol permits should write a letter requesting they be lifted. Do it asap, and refer to this ruling, as well as Heller and McDonald cases.
View Quote


I don't even think that's necessary.

The restrictions were placed unconstitutionally on what was otherwise already a carry permit.

If you have a (restricted) carry license already, you now have a full carry license.

Restrictions on carry permits are null and void now.

Plus...the restrictions were never a crime to ignore anyway. All you risked was losing your license.

With this ruling you aren't getting your license revoked by carrying, when the court specifically said carry is a right that needs no "reason."

I guess if you have a premise only permit, you have to re-apply for a carry permit...but that only applies to NYC really.

That all being said...yeah get those icky outdated restrictions removed. Make them print a new permit for you...I would demand they do it for free too.
Link Posted: 6/26/2022 9:02:03 AM EDT
[#8]
What I find particularly irritating are the articles coming out now telling permit holders with administrative over stamps that they need to completely reapply to get concealed carry. Their over stamps are administrative in nature and unless they have a downstate residence permit they already have a concealed carry permit. They don't have to entirely reapply for a new permit.
I think that this is intentional disinformation being spread to discourage permit holders
Link Posted: 6/26/2022 9:10:50 AM EDT
[#9]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By tc556guy:
What I find particularly irritating are the articles coming out now telling permit holders with administrative over stamps that they need to completely reapply to get concealed carry. Their over stamps are administrative in nature and unless they have a downstate residence permit they already have a concealed carry permit. They don't have to entirely reapply for a new permit.
I think that this is intentional disinformation being spread to discourage permit holders
View Quote


Yup I said that earlier. A restricted permit is a carry permit. And everyone who has restricted got those restrictions because they didn't demonstrate a special "need" or "proper cause."

And that requirement is done. So...full carry for you!
Link Posted: 6/26/2022 9:24:59 AM EDT
[#10]
After this ruling would it be extremely unwise for the permitting agency to take action against a permit holder who violated administrative restrictions?
Link Posted: 6/26/2022 9:27:29 AM EDT
[#11]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By Danj:
After this ruling would it be extremely unwise for the permitting agency to take action against a permit holder who violated administrative restrictions?
View Quote


I'm no lawyer...but yeah. Especially because they were issued a carry permit first and foremost. No reversing that.

Those restrictions are toast.
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