New York Supreme Court Incorporates The 2nd Amendment

ezliving · May 25, 2009

New York State Supreme Court Incorporates The 2nd Amendment :party29:

JOSEPH L. COLAIACOVO v. Richard DORMER

http://www.nysrpa.org/files/colaiacovo_v_dormer.pdf

novus collectus · May 25, 2009

Cool!

Trapper · May 25, 2009

ooohh, me likey.... "Hello Maryland? The Constitution here. Listen, you've got some work to do, and a fight ahead of you if you keep ****ing with me."

hehe, I can smell freedom in the air. Even though the Dems are in office....
My feet are cold.

novus collectus · May 25, 2009

Damn, I just read it, does this mean NY is now shall issue and that the restrictions in NYC may be found by NY state courts to be unconstitutional too?
Wow!

Tootall · May 25, 2009

novus collectus said:
Damn, I just read it, does this mean NY is now shall issue and that the restrictions in NYC may be found by NY state courts to be unconstitutional too?
Wow!

thats what im thinking. should be quite a few cases coming forward in the near future

novus collectus · May 25, 2009

fftootall34 said:
thats what im thinking. should be quite a few cases coming forward in the near future

BUt I think Alan Gura has already filed one with NYC and I think it was right after the Heller decision was released. That means it might be decided in out favor in a lower court soon maybe.
What a trip.

novus collectus · May 25, 2009

Oops, looks like no awsuits may have been filed against NYC yet.
http://en.wikipedia.org/wiki/District_of_Columbia_v._Heller#New_York

Boondock Saint · May 25, 2009

Outstanding! Might the cavalry be on the way, gentlemen? :rockon:

ALBY · May 25, 2009

isn't supreme court like 1 step above traffic court in NY ? isn't court of appeals the law of the land there ? I'm a former New Yorker and i remember somethoing about this from grade school...

blindnoodle · May 26, 2009

ALBY said:
isn't supreme court like 1 step above traffic court in NY ? isn't court of appeals the law of the land there ? I'm a former New Yorker and i remember somethoing about this from grade school...

kinda. Not all states have the same judicial structure of the Fed.

You want to see an interesting state go look at Louisiana. Roman Law vs. English Common.

simplegreen · May 26, 2009

can someone give me a quick blurb on what "incorporating the 2nd amendment" means?

badguyRL · May 26, 2009

I just read the pdf.
I didn't understand a word that was written in it.
Translation please!

novus collectus · May 26, 2009

simplegreen said:
can someone give me a quick blurb on what "incorporating the 2nd amendment" means?

Washington DC is a federal district, so the Heller case overturning the handgun ban based on the Second Amendment applies to the federal government. However, since there were a few cases in the past about the Second Amendment after the 14th Amendment was passed (the Amendment applying definitively the 5th Amendment's wording to the states and not just applying to the federal government) which claimed the RKBA was not an individual right which the states could not restrict because it was not a right included under the 14th.
However, there are three things about this, one is that the previous cases dealt with the "collective" or "colective/individual" right of the militias aspect of the 2A meaning that the states had a right to regulate their own militias however they see fit, but the Heller case was sepcifically asked about the individual right to keep and bear arms when NOT in a state militia so thereby answering a question never asked before and not adressed in the post 14th Amendment court cases about the 2A.
THe other question is if all civil rights in the Constitution are aplicable at the state level period, but this has been pretty much well settled by association to the 14th Amendment (and other means) to apply to things like the First Amendment and more importantly in my book it has been found to apply to the Third Amendment. A state infringment of the 3rd Amendment by a state militia (unfederalized national guard at the time) was found, so the incorporation of the 3rd Amendment to the states can be the same incorporation of the 2nd in my unqualified opinion.
The third part is.....well, I forgot while writing this post and maybe I will remember later.

AliasNeo07 · May 30, 2009

Sweet!

Boxcab · May 30, 2009

This is great news! I'm sure it will be appealed, but an overturn is not automatic after Heller.

If you want to help get the ball rolling in Maryland, join us on August 1st for the "Open Holster" protest in Annapolis. See the "Events forum".

-Boxcab

BrianinMd · May 30, 2009

Boxcab said:
This is great news! I'm sure it will be appealed, but an overturn is not automatic after Heller.

If you want to help get the ball rolling in Maryland, join us on August 1st for the "Open Holster" protest in Annapolis. See the "Events forum".

-Boxcab

Cool! I will if I can!

New York Supreme Court Incorporates The 2nd Amendment

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