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Thu Nov 24, 2022, 09:39 AM

Judge blocks New York restrictions on guns on private property

https://www.theguardian.com/us-news/2022/nov/23/new-york-gun-restrictions-private-property

Judge blocks New York restrictions on guns on private property

John Sinatra strikes down key provision, in victory for gun owners challenging state law that went into effect in September

Reuters in New York
Wed 23 Nov 2022 12.22 EST

A federal judge has blocked the state of New York from restricting the carrying of guns on private property under a Democratic-backed law adopted in September.

A Tuesday ruling by John Sinatra, a US district judge in Buffalo, struck down a provision in the law that made it a felony for a licensed gun owner to possess a firearm on private property unless the property owner allowed it with a sign or express consent.

Sinatra, who was appointed under Donald Trump, found that the provision violated the second amendment right to “keep and bear arms”.

The ruling was the latest courtroom victory for gun owners challenging the New York law, the Concealed Carry Improvement Act, that as of 1 September made obtaining a firearms license more difficult and barred firearms from a long list of “sensitive” public and private places.

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Response to sl8 (Original post)

Thu Nov 24, 2022, 09:40 AM

1. May he, and his enablers, receive everything they deserve.

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Response to niyad (Reply #1)

Thu Nov 24, 2022, 09:49 AM

3. I thought it was for guns the property owner had

But this is for people who come on the property that don’t own the home. That makes a huge difference. I think the judge should’ve let this one go. some people don’t want guns on their property, but a lot of homeowners like to have guns in their house, which would still be allowed. judge made a wrong decision, I think.

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Response to sl8 (Original post)

Thu Nov 24, 2022, 09:47 AM

2. Clearly gun rights now supersede property rights,

which used to be the bedrock of conservative beliefs.

The Gun is now our deity.

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Response to enough (Reply #2)

Thu Nov 24, 2022, 10:12 AM

7. Exactly.

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Response to sl8 (Original post)

Thu Nov 24, 2022, 09:51 AM

4. Guns are by design meant to enforce property rights, here they are used to invalidate them

That judge is upside down

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Response to bucolic_frolic (Reply #4)

Thu Nov 24, 2022, 09:55 AM

5. Property *owners* can still exclude guns.

This decision basically says that the state can't make it the default.

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Response to sl8 (Reply #5)

Thu Nov 24, 2022, 10:18 AM

8. That's also my interpretation.

"A Tuesday ruling by John Sinatra, a US district judge in Buffalo, struck down a provision in the law that made it a felony for a licensed gun owner to possess a firearm on private property unless the property owner allowed it with a sign or express consent."

Businesses and other locations will now have to post signs expressly forbidding guns on their private property.

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Response to sl8 (Reply #5)

Thu Nov 24, 2022, 01:22 PM

11. Correct.

The law says the restriction is the default. The judge says it must be a conscious decision of the property owner.

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Response to sl8 (Original post)

Thu Nov 24, 2022, 10:11 AM

6. Dump appointed this judge. Figures. GDMFSOB

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Response to sl8 (Original post)

Thu Nov 24, 2022, 10:24 AM

9. So all New Yorkers have to post NO GUNS signs on their front door?

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Response to sl8 (Original post)

Thu Nov 24, 2022, 12:38 PM

10. I read some of the decision, and I think its a good one.

The flip side example, no it is not perfect but its the same premise.

A state says you cant have booze or weed on private property unless the owner posts a sign saying its ok. Well you cant even go on the parking lot of the corner gas station to get gas due to the edible in the glove box. But you cant even enter the parking lot to find out if there is a sign saying its ok unless you risk getting charged.

I am all for private property rights, business owners can say no guns, no smoking, no drinking, shirt and shoes required. But with out signs saying shirt and shoes required you cant complain when someone walks in with out shoes on.

How would we feel if a state said its a crime to walk in to every store with a mask on ( due to robbery but applies to covid ), unless the owner says masks are ok. Oh btw it would be a crime to even enter the parking lot with a mask on to look to see if masks are okay.

Yes I am exaggerating but its is the same type of law.

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Response to sl8 (Original post)

Thu Nov 24, 2022, 03:42 PM

12. Stupid ruling. Our right to live in peace supplanted by

2nd. Amendment craziness.

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Response to sl8 (Original post)

Fri Nov 25, 2022, 02:20 AM

13. For years there was an annual "gun show" in downtown Saratoga, protesters finally got it moved

Last I knew, it's now held where I live now, just up north.

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