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N.Y. Gun Laws in Balance as High Court Weighs D.C. Case

Submitted by Carl in Chicago, Mar 17, 2008 07:35

Mr. Goldstein:

Your warnings are premature - but perhaps your raising this concern prematurely is the goal.

The second amendment is not incorporated against the states or local governments, so the decision in Heller will not affect New York's strict gun restrictions. That will take a future case, at least 5 years out...one that challenges a state or local law. Such a case would necessarily raise the question of whether the 2A is incorporated against states and local governments via the 14th amendment. There is little reason to doubt that it should not be.

But again, your statement is premature. Moreover, I suspect that Levy's quote above is taken out of context, because Bob knows full well that a decision in Heller will not, and can not, directly affect laws in New York State or City.

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Other reader comments on this article

Comment	By	Date
I think "discretion" is likely to be the key word. I doubt that we'll see a ruling that forbids licensing or... [MORE]	J Dege	Mar 19, 2008 11:51
Thank you for your Mar 17 08 gun laws article, Mr Goldstein. In your 6th paragraph you refer to the... [MORE]	Chief outside Philadelphia	Mar 18, 2008 16:44
NYC probably has the second toughest gun laws in the nation, after DC. In fact, they've been designed to stop... [MORE]	A. Levy	Mar 18, 2008 16:10
I certainly think it is about time some of New Yorks gun laws were overturned. Criminals dont get permits, or... [MORE]	Dave Fingar	Mar 18, 2008 09:14
I am a retired Detective Police Sergeant and a member of The N.R.A. and that I feel that honest... [MORE]	Ralph S. Brown	Mar 18, 2008 02:39
It was WAY past time for the Supremes to STRIKE DOWN the abomination that is DC's antigun "law". As a... [MORE]	Wendy Weinbaum	Mar 17, 2008 13:18
Mr. Goldstein: Your warnings are premature - but perhaps your raising this concern prematurely is the goal. The second amendment is not...	Carl in Chicago	Mar 17, 2008 07:35
I have a bad feeling about this. I suspect that the folks in black are going to carve the current... [MORE]	Dave	Mar 18, 2008 00:29
As for why it has taken so long. Because the courts have been dodging the issue for years. Libs do... [MORE]	dlyn	Mar 18, 2008 12:37
NYC and other cities and states, do not out right ban, but they often do make impossible for the average... [MORE]	Terry	Mar 18, 2008 14:49
they have just continued the sidestepping. As in the last case MILLER V. where the court ruled that as a short-barreled... [MORE]	Terry	Mar 18, 2008 14:56

Reader comment on:N.Y. Gun Laws in Balance as High Court Weighs D.C. Case

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Comment on N.Y. Gun Laws in Balance as High Court Weighs D.C. Case

Reader comment on:
N.Y. Gun Laws in Balance as High Court Weighs D.C. Case