Opinion
New York – -(AmmoLand.com)- Not content simply to say New York won’t comply with Bruen, the New York Governor’s response to Bruen points to open revolt with the U.S. Supreme Court and the U.S. Constitution.
On June 23, 2022, the U.S. Supreme Court officially released its decision in the Bruen case. On that same date, a Press Release appeared on New York Governor Kathy Hochul’s website. It says much about her position on civilian citizens possession of handguns in public and what she thinks about the Court and its decision in Bruen. It reads as follows:
“Good morning, everyone. We just received some very disturbing news from Washington; the Supreme Court of the United States of America has stripped away the state of New York’s right and responsibility to protect its citizens with a decision—which we are still digesting—which is frightful in its scope of how they are setting back this nation and our ability to protect our citizens back to the days of our founding fathers. And the language we’re reading is shocking.
As Governor of the State of New York, my number one priority is to keep New Yorkers safe, but today the Supreme Court is sending us backward in our efforts to protect families and prevent gun violence. And it’s particularly painful that this came down at this moment. . . .
Today, the Supreme Court struck down a New York law that limits who can carry concealed weapons. Does everyone understand what a concealed weapon means? That you have no forewarning that someone can hide a weapon on them and go into our subways, go into our grocery stores like stores up in Buffalo, New York, where I’m from, go into a school in Parkland or Uvalde.
This could place millions of New Yorkers in harm’s way. And this is at a time when we’re still mourning the loss of lives, as I just mentioned. This decision isn’t just reckless, it’s reprehensible. It’s not what New Yorkers want. We should have the right to determine what we want to do in terms of our gun laws in our state.
Suppose the federal government will not have sweeping laws to protect us. In that case, our states and our governors have a moral responsibility to do what we can and have laws that protect our citizens because of what is going on—the insanity of the gun culture that has now possessed everyone all the way up to even to the Supreme Court.
The law we’re talking about has existed since the early 1900s. And now we can determine who is eligible for a concealed carry permit—this is not an ordinary permit. This is a special use that you can hide it from people. We have limitations if it’s for a proper cause, someone who’s been threatened, someone who needs it for their job as a security guard. We have classifications where it is allowed and has been allowed for over a hundred years.”
In tone and content, Hochul’s message is astonishing. It is a polemic directed at both present and future handgun license holders in New York. But, more than that, it is a presumptuous and dangerous assault on the Third Branch of Government, the U.S. Supreme Court, and on the sanctity and inviolability of the citizen’s natural law right of armed self-defense as codified in the Second Amendment of the Nation’s Bill of Rights.
In that Press Release, Hochul says she’s “still digesting” the scope of the decision. But is that true? Hardly. New York had prepared its response to Bruen months ago.
Consider——
On July 2, 2022, seven days after the release of the decision and a scant two days after she called for an “extraordinary session of the Legislature in Albany . . . to discuss the impacts of the [Bruen]. . . decision overturning New York State law that previously placed ‘proper cause’ restrictions on the issuance of permits for concealed carry firearms in the state,” Hochul signed into law an extensive and elaborate array of amendments to New York’s handgun licensing statute, including amendments to related statutes, that sailed through the State Legislature in Albany. See the article on the jdsupra website.
The speed of the process—from drafting of amendments to their introduction in the State Senate and Assembly, then on to assignment to Committee, Committee markups, then passage of the amendments by both the Senate and the Assembly, and the forwarding of the amendments to Governor Kathy Hochul for her signature—all in the space of a week is remarkable—too remarkable to be believed!?
One must infer that Hochul had notice of the decision well in advance of the official release of the case decision—probably at some point after the oral arguments that took place in November 2022.
The amendments were ready to go upon the official release of the Bruen decision. Hochul’s signing off on the amendments was, then, a foregone conclusion. The release of the Bruen decision simply triggered immediate enactment of the amendments to New York’s handgun licensing Statute.
How bad are these amendments? They are worse than one can imagine.
Present holders of valid unrestricted and restricted New York concealed handgun carry licenses will find renewing their licenses extremely difficult. And first-time applicants for concealed handgun carry licenses will find the requirements for issuance of them no less confounding and onerous than before Bruen and much more vexing.
How did New York get to this point? New York had been moving toward this point for quite some time!
The progenitor of New York’s modern handgun licensing regime codified in NY CLS Penal § 400.00 et. seq., which took effect on September 1, 1967, is the Sullivan Dangerous Weapons Act of 1911. It was enacted on August 31, 1911.
Handgun carry licensing is not of recent vintage, then. The State has required handgun licensing for close to 112 years, and the State’s desire to keep it is deeply entrenched in the psyche of the Government and in the psyche of many residents of the State.
New York’s handgun license statute—the Sullivan Act that Kathy Hochul refers to in her Press Release—is a reminder to the State, the Nation, and the U.S. Supreme Court that the Sullivan Act is here to stay in New York, regardless of anything the U.S. Supreme Court has to say about it.
The Sullivan Act has gone through several incarnations since its enactment in 1967—but it always remains true to form—a handgun licensing regime with deep and wide roots.
Ostensibly created to deal with incessant crime by constraining the public’s access to handguns, the Sullivan Act failed in that objective, but New York kept it anyway, adding to it through the subsequent years and decades.
Indeed, the fairly recent New York Safe Act of 2013 is merely an aspect and extension of it, not distinct from it. And several amendments to the Safe Act have proceeded since—a flurry of them only in the past couple of years.
The most recent amendments, springing directly from the Bruen decision, take effect formally on Monday, September 4, 2022.
As the New York State Court of Appeals has explained, the Sullivan Act qua Penal Law § 400.00 “is the exclusive statutory mechanism for the licensing of firearms in New York State. O’Connor v. Scarpino,” 83 N.Y.2d 919, 638 N.E.2d 950 (N.Y. Ct. App. 1994). And that means there is no way for the civilian citizen to get around it. Handgun licensing is the foundation of New York’s assault on the Second Amendment and that of many other jurisdictions as well.
New York’s handgun license statute has undergone several iterations since its enactment in 1967. But the most recent amendments to it, coming on the heels of Bruen, will take effect on September 4, 2022.
Section 400.00 plus the Post-Bruen Amendments IS the Sullivan Act brought into the 21st Century.
Back then as now, New York, and other jurisdictions, including California and Illinois, rationalized civilian arms control as necessary to promote “public safety.” And Governor Hochul’s Press Release echoes that sentiment that hearkens back to the turn of the 20th Century, even as the crime rate in New York in the 21st Century continues to soar.
Continued constraints on civilian access to firearms in defiance of the Second Amendment have become an end in itself. Anti-Second Amendment proponents will rarely if ever, say that, and as many in Government will readily deny it even as they push for further constraints on the exercise of it.
“As the California Supreme Court ruled in People v. Camperlingo (69 Cal. 466 [1924]), ‘It is clear that, in the exercise of the police power of the state, that is, for public safety or the public welfare generally, such right [to bear arms] may be either regulated or, in proper cases, entirely destroyed.’ The Illinois Supreme Court ruled in Biffer v. City of Chicago (278 Ill. 562 [1917]) that ‘the sale of deadly weapons may be absolutely prohibited.’” “Firearms Regulation: A Historical Overview,” 28 Crime & Just. 137, by Michael A. Bellesiles, Professor of History, Emory University.
The New York Governor, Kathy Hochul, the State Legislature, the State and Federal District, and the U.S. Circuit Court of Appeals are all on board with this. The average civilian citizen resident of New York has a wide chasm to cross to obtain the coveted prize of an unrestricted concealed handgun carry license. And that chasm has just become wider.
About The Arbalest Quarrel:
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If people like this idiot in New York refuse to follow the law of the land, shouldn’t they be permanently removed from office?
They don’t get to decide or question it’s merit. The state AG should remove them from office, if not then the U.S. AG. But as we have witnessed nothing ever comes about holding crooked politicians who don’t get their way.
Yes, in the middle of the night.
no knock
“That you have no forewarning that someone can hide a weapon on them and go into our subways, go into our grocery stores like stores up in Buffalo, New York, where I’m from, go into a school in Parkland or Uvalde”
Previous this happened anyway but only by criminals. These politicians are such a bunch of irrationally hoplophobic pinheads!
Under concealed carry laws, school carry remains covered by federal GFZ. Not exactly sure how much leeway is left to states, I think their options range from criminalizing having a gun within 1000′ feet of school grounds (though not including unloaded and locked in trunk) – to allowed within schools. Few states allow in school carry. In Texas someone licensed to carry may carry on school grounds but not enter the premises (buildings). NY would still have GFZ extending 1000′ around every school. She is conflating licensed carry with criminal carry. Just as before someone could carry a concealed firearm… Read more »
Those are all soft target regulations that find no support in the Second Amendment.
and create targets for mentally ill
Bernie Goetz! Paul Kersey! The good guys.
IiberaIs expect you to obey the Iaw, their rules, their regulations, but when it’s something that they don’t Iike they feeI free to flaunt the Iaw, ignore ruIes, regulations, court ruIings. They are royaIty, we are peasants.
Yes, they think they are going to be the rulers in the Liberal World order, and that soft target regulations will get them there. I’m betting agin’ it.
this is why I practice to hit what I aim at ,1 mile is ok 2 is better working on 18 inch plate at 11,000 feet ,hold over and drift are challenging to say the least when I can get six for ten im ready
Well Hochul, if you unilaterally decide that you don’t have to follow the edict of the SCOTUS, then what’s to keep New Yorkers from not following your edicts?
You can’t have it both ways, you’re setting the stage for disobedience.
Title 18, section 242- “deprivation of civil rights under color of law”.
This is what New York is opening themselves up to, and I hope they get sued to the hilt.
The only “suing” that will ever rectify the continued march down tyranny’s deep hole is a “Iawsuit” brought by 2A.
if you note it is criminal , problem is as it has always been title 18 is not enforced it would require a da or officer to arrest them to start the ball rolling and they wont
Hochul moves to the top of the list! Get a rope!
I completely disagree with Hochul but your comment is about as ignorant as she is.
I’m thinking that it is a common joke based upon that salsa ad on TV a few years ago. I could be wrong.
“She’s just talking tough.” OpeTEX knows Tiger Talk when he sees it, since he brags about carrying everywhere as if he doesn’t have ex(?)-cop privileges.
The New York laws are effectively providing criminals plenty o f victims.
Yeah, what ever happened to “Crime doesn’t pay.” Time to form a committee of vigilance.
they all went into government and got rich
A classic example of a Dumb Cant Understand Normal Thinker!
She sent her supporters to attack her political opponent Lee Zeldin’s campaign rally on July 21. One of them tried to murder Zeldin but the weapon was wrestled from him in time. The would be assassin was arrested, charged with a felony and PROMPTLY RELEASED on his own recognizance. Have no doubt, the war has begun.
Hochul knows so little about Constitutional law that she thinks governments have Rights. Governments have limited authorities and powers. How can someone so ignorant of our republic’s structure assent to the governorship?
she must have had obummer for a teacher
“Does everyone understand what a concealed weapon means?”
I presume this means that since governor Hochul is concerned about concealed carry that she supports open carry?
HLB
These people are beyond stupid. No one ‘legally’ carrying has ever endangered your life dummy.
someone needs to string her up
I completely disagree with Hochul but @ swmft you are an idiot for making a statement like that!!!
She/it should change its name to Karen.
Amazing how ignorant liberals are. No idea what they are talking about. And in a city, like so many Democrat governed cities, where gun violence is terrible, in spite of their draconian laws.
where gang violence is out of control….is that what you meant to write?
There is no such thing as gun violence, unless you are trying to stigmatize the Constitutional protected weapon. When you say gun violence, then you are saying that what weapon used matters more than the act. That is only done if you want to ban that weapon. Is murder worse because it was done with a gun, that is what saying gun violence signifies. Psychologically, it takes more of a dangerous person to use a knife or their hands, than it does to use a gun. The princess dinner set we bought our 6 year old daughter is banned in… Read more »
Look here we go again Democratic run states are lawless places to live. Democrats lie over and over till their party members believe the lie the media continues the propaganda till it becomes there truth. Look if you still believe the coronavirus tall tales that the Biden administration told about the vaccine you reap what you sow. Yes what happened to the summer flu season covid is there new weapon and they continue to adjust the natives to fit there truth. Get tested and you will have covid one version or another. All test lead to covid there are no… Read more »
Another great example….Conservatives think, Liberals feel.
Looking down as I type…..my shirt reads…..”My rights don’t end where your touchy feelys begin.” Yesterdays’s shirt read, “My gun is not a threat….unless you are.”
Yeah, went shopping alone without adult supervision at Rural King..”
Governor Hochul and all the other Democrats such as our President and his whole Administration, Vice-President, every Democrat Senator and Governor and even the Republican Senators and Governors that swore an oath to protect our Constitution but are wiping their backside with it need to be arrested for Treason !! Hochul speaks of protecting the people but if they take are weapons away we will be the sheep being killed by the wolves ! Criminals will always have guns or more brutal weapons ! Criminals want to attack places where they feel safe from their pray that have no defense… Read more »
Kathy Hochul , hey stupid you have failed to protect the citizens of New York . That is why they definitely need to pack a concealed weapon . To protect themselves from your failures .
The state Supreme Court cases mentioned are all from progressive utopias. Progressive ideology is cratering under the weight of its own contradictions. As that ideology craters the public policy coming from this magic thinking also goes up in flames. Right thinking and right acting people can engage in massive civil disobedience of these totalitarian wanna-be’s and render their pronouncements moot by defiance. Hochul does not care what the US Supreme Court thinks? Find. Do not care what she thinks or does. Stock up and lock up. Open defiance.
Blah , blah, blah . Just what are you gonna do about it cupcake ?
You gonna sue ? Don’t make me laugh ! They’ll just continue to play musical chair word games! And besides, they don’t personally have skin in the game! They can afford to keep spending YOUR taxpayer money and never miss a nickel out of there own pockets, so sue me ! I double dog dare you ! Hahaha!
Right on Ammoland! Thank you for supplying this forum for gun owners to celebrate our natural and human right, protected by the US Constitution from governmental infringement- to own and carry firearms!
Today, the Supreme Court struck down a New York law that limits who can carry concealed weapons. Does everyone understand what a concealed weapon means? That you have no forewarning that someone can hide a weapon on them and go into our subways, go into our grocery stores like stores up in Buffalo, New York, where I’m from, go into a school in Parkland or Uvalde.” Psssst! Hey, Kathy! Those criminals that are shooting up your little gun free zones are already carrying concealed weapons there. Your little may issue permits that you only hand out to your friends are… Read more »
Maybe Kathy should recall what even our nationally beloved simpleton ole Forrest Gump comprehends in his meme…..”In 1775, the British demanded we surrender our firearms. We shot them.”
Kathy….History: learn from it; be doomed to re-live it; or…..refer to Forrest.
Kathy Hochul……the descriptive picture in Merriam-Webster Dictionary beside Sam Elliot’s famous phrase….”You must be some kind of special stupid.”
Well . . . does anyone believe that they wrote the NY SAFE Act in the same time frame?
IT WAS READY TO GO . . . THEY WERE WAITING FOR AN OPPORTUNITY!
And of course – Sandy Hook!
WHAT A GLORIOUS OPPORTUNITY FOR THE DEMOCRAT PARTY!
PS – The “Assault Weapons Ban” running through the House at the current time is the federal push for the NY SAFE Act – effective repeal of the second Amendment COAST TO COAST – SEA TO SHINING SEA!
In case everyone didn’t know.