Yes. The court said states could still restrict the carrying of firearms in « sensitive places » such as schools or government buildings, where firearms have long been banned. It will be up to the States to define these places. Has the Supreme Court said anything about where licence holders are not allowed to carry weapons? No. You`ll still need to apply for full clearance, also known as secret clearance, according to New York law enforcement agencies. CBS2 learned that currently, only about 1,700 people are allowed to carry a gun when they leave their homes, and another 1,400 have carrying permits issued by other counties that are meant to help New York City carry in the five boroughs. « We must act and we must act now. And Congress must move quickly to pass comprehensive gun safety laws and ensure that only trained and trustworthy individuals are allowed to carry loaded firearms. Thursday`s decision restricts the ability of cities and states to restrict who can carry a hidden gun, which already has implications for the types of guns people buy. The extreme position is that any important reason is unconstitutional. As one district judge put it, « A citizen is not required to provide a `valid and substantial reason` why he or she should be allowed to exercise his or her rights.
The existence of the right is the reason why he needs it. 4 Phrased in this way, the point is rhetorically powerful, but weak in content. Admittedly, not all « causes » are « good » enough to trigger Second Amendment coverage. If a person filed a secret request to carry with the statement, « I must carry a gun in public in order to hijack a plane with it, » few people would think that denying the license would violate their Second Amendment rights. It is not clear why the result should be different if the insufficient reason was expressed by evidence other than a blunt explanation. Our New York State Concealed Harbor Assessment Course is designed to help firearms licensees who are filing a petition in their county lift their restrictions. The course places a strong emphasis on firearms safety and operation, firearms laws, techniques and equipment for carrying secret weapons, and a live-fire qualification course. « In 43 states, the government grants port licenses based on objective criteria. But in six states, including New York, the government requires additional conditions to grant a license to show a citizen additional special needs. Because New York State only issues public licenses when a plaintiff demonstrates a special need for self-defense, we conclude that the state`s licensing system violates the Constitution, » Thomas wrote. The applicants had to prove that they had an increased need to carry a firearm in public for self-defence.
Licensing restrictions under Bill 400. (2) and (f) are a great source of debate. Nothing in Bill 400 requires a licence to be restricted, but New York State`s highest court, the Court of Appeals, ruled that judges have the « power to restrict a handgun licence » as it did in O`Connor v. Scarpino, 83 N.Y.2d 919 (1994). The court also stated in O`Brien v. Keegan, 1996 N.Y. Int 26 that « the licensing officer has the legal authority to revoke or cancel a licence ». Sua sponte means « of one`s own will or movement, voluntary; without invitation or suggestion. See #4 at the bottom of the application next to where you placed your photo: « ANY LICENCE ISSUED UNDER THIS APPLICATION MAY BE REVOKED AT ANY TIME BY THE LICENSING OFFICER OR A JUDGE OR JUDGE OF A COURT. » « Permission to carry limited to walking, to and from target shooting, hunting and fishing in good faith. » is a popular formulation of a common restriction. This restriction would allow you to carry a loaded firearm with you when driving to a practice area, but you may not carry it when you get out of the car to get gas.
Ask your judge what you should do. Other additions may include things like hiking, camping, and any other time you want to have your handgun with you. Each judge establishes his or her own rules, requirements and personal interpretations. You will not be penalized for applying for an unrestricted license, and you can apply for an unrestricted license at any time. Some judges grant licenses without restriction, while others almost never issue licenses for some reason. You will need to talk to your judge to find out what he or she is willing to do. Don`t be surprised if your judge refuses to tell you anything because he or she doesn`t have to give any information other than a written reason for rejecting an amendment. (I support anyone applying for an unrestricted license because I think anyone who qualifies for a New York State license has been deemed « of good character » by a judge, and that`s all that should be required. Even the judges won`t give it to you if you don`t ask for it. You have nothing to lose by applying for an unrestricted license, even if it is denied, except for the $3 filing fee.) If you are arrested or prosecuted against you, your judge will likely know within 24 hours and can take any action he or she wants, including taking your license and requiring you to surrender all your guns (or having the sheriff`s department get your guns back in extreme cases). Even if you are stopped by the police and they think you are wearing outside your restriction, or if the police see or discover that you have a licence and think your judge should be aware of your actions or attitudes, they will inform your judge and provide you with relevant information. Your judge can then take any action he or she wants to take (think Sua sponte).
Bill 400 also contains the following rarely used Article 15. « Any violation by a person of any provision of this section is a Class A offence. » (Many people who have been arrested have told me that the police only asked them if they had a driver`s license. Most of the time, they didn`t even look at the license, let alone the restrictions. The police told me that they only care if the person has a driver`s license. That doesn`t mean you won`t have an anti-gun police officer or that you won`t do something that tricks the officer into asking!) If you are arrested and you have your handgun outside of your restrictions and the police officer wants to give you a hard time (even if you are really not doing anything wrong), he should not arrest you for criminal possession of a 2nd firearm, but inform your judge. See: PEOPLE v. PARKER 52 ny2d 935 (1981) (However, you cannot be sure that the police officer is aware of this case.) The state could also enact an extensive ban on weapons on private property, with exceptions only for those authorized to transport a certain good. 9. State v. Hamdan, 665 N.W.2d 785, 811–12 (Wisconsin. 2003) (exemption for secret prohibition on carrying merchants whose business had been repeatedly broken into in a neighborhood with high crime).
But the big concern is people who have obtained permits to have guns in their homes that can also be used on a shooting range. It is conceivable that they could be converted into secret transport permits. « We respectfully disagree with the court`s conclusion that the New York Second Amendment prohibits the reasonable requirement that persons who want to carry a concealed handgun must prove that they must do so in self-defense.