Ouch! New York’s Ban on Carrying Guns on Private Property Without Express Permission is Failing Miserably

By
Grace Stevens
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42

 

Another one of New York’s new restrictions imposed in the immediate aftermath of the Supreme Court’s Bruen decision is the private property exclusion. That new provision makes it a felony for a license holder to possess a firearm on all private property, unless the relevant property holders actually permit such possession with a sign or by express consent….

Property owners indeed have the right to exclude. But the state may not unilaterally exercise that right and, thereby, interfere with the Second Amendment rights of law-abiding citizens who seek to carry for self-defense outside of their own homes. Thus, the motion for a preliminary injunction enjoining Defendants’ enforcement of this private property exclusion is granted. 

— Eugene Volokh in Court Blocks N.Y.’s Requirement of Express Owner Permission To Carry Guns on Private Property

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42 COMMENTS

  1. Alright boys, you want to carry guns? Fine. You can carry guns anywhere that isn’t public property, or private property. Have fun with that!

    Kathy Hochul

    • alright girls, you want to be defenseless and subject to predators ? fine. you cannot have guns anywhere. have fun with that !
      also, no whining when a strange man does not protect you or come to the rescue, you reap what you sow.

      • Not exactly. You cannot carry concealed off of your property without a license. You can of course do so even without a license with the property owner’s permission, but that is just an application of this particular statute. So it applies to everyone.

  3. As it should fail and fail miserably. Sadly the wicked witch governor of New York doesn’t have to spend her own money to keep guns off the streets; she spends NY taxpayer funds so she doesn’t care if she has to lose another lawsuit against her anti-gun nonsense, as she keeps passing unconstitutional policies in efforts to change a ruling by the SCOTUS. Such behavior is illegal and easily fraud, waste, and abuse of the state treasury.

    • Pending stay of injunction by 2nd circuit again but hey few more days of more than some streets and church.

      • What, the stay hasn’t issued yet? The appeals judges must be out at lunch with Herr Bloomberg. Give them another hour or two.

        • LOL yeah but I think Sinatra may have timed this one as a holiday fu to the Circuit after seeing how they pounced on the Suddaby injunction. May need to see the schedule for what may make it in time for Christmas.

  5. Interesting precedent.

    The State of Oregon created not just one but two, corrupt bureaucracies (the Oregon Medical Marijuana Program and the Oregon Liquor and Cannabis Commission) that entered into a criminal conspiracy with the Oregon Marijuana Mafia to expropriate the private property of innocent victims for the purposes of committing Federal felonies. Rural residential landlords were specifically targeted by rules and regulations that enabled marijuana producers to establish very large scale grows by issuing address specific grow site permits and cannabinoid processing licenses without the knowledge or consent of the property owner. The policy of refusing to disclose if a grow site license or processing permit had been issued for a property, even to the owner, provides legal camouflage that enables unlicensed marijuana bootleggers to operate with near impunity. Since Oregon residential tenancy laws were amended to preclude eviction for utilizing a property for marijuana trafficking regardless of contractual provisions, landlords have no recourse.

    Oregon’s alliance with the Oregon Marijuana Mafia is so utterly corrupt that Yamhill County Judge Ladd Wiles gave a marijuana bootlegger a free pass for shooting at his landlords’children with a 12 gauge shotgun in retaliation for efforts to evict. In turns out that Judge Wiles’ famously philandering, perjuring wife, Amanda S Marshall the former US Attorney for the State of Oregon (Google it), is addicted to drugs, is a staunch supporter of legalizing all drugs, and now specializes in marijuana law. So much for an impartial judge. Just to give you an idea of how evil the people in Oregon’s marijuana Mafia are, here is some information on one of the ancestors of this bootleggers’ psychopathic attorney:

    https://casetext.com/case/state-v-silverman-19

    • Wow! The level of corruption in this country is astounding! Things like this are hiding in plain sight…. but no-one does anything about it. What happened to America? We’ve been slowly going down this road for decades…. falsely believing that these kinds of things don’t happen here. That the psyops our govt does are only on 3rd world countries… It’s so sad. But it’s so widespread, how can you stop it?

  6. With her de-facto unconstitutional firearms ban being dismantled, New York Gov. Kathy Hochul is finding other things to ban > New York governor signs first-of-its-kind law cracking down on bitcoin mining — here’s everything that’s in it > https://www.msn.com/en-us/news/other/new-york-governor-signs-first-of-its-kind-law-cracking-down-on-bitcoin-mining-here-s-everything-that-s-in-it/ar-AA14rHQV?OCID=ansmsnnews11

    “New York Gov. Kathy Hochul signed a law on Tuesday banning certain bitcoin mining operations that run on carbon-based power sources. …”

  8. The CCIA has been declared unconstitutional (in total or in part) at least four times now by different judges in different cases… and yet somehow the majority of it remains in effect. What happened to “a right delayed is a right denied?”

    This the new leftist strategy: pass a “law” that won’t stand up to the slightest judicial scrutiny, enforce the law for months or years as litigation unfolds, concede defeat only when forced to, and then pass the same “law” with different words to buy another round of unfettered despotism. They are using our faith in the constitution and our naive American belief in the scales of justice against us, playing us for chumps.

    How do we stop this?

    • We don’t. We use it to codify every cockamamie plot to undermine the constitution as nul and void unconditional restrictions at the highest levels until no gun control laws can be objectively considered and then keep going till we can sue for their pensions and stock holdings for civil rights violations.

  9. They want higher body counts…That is why they are passing these laws to disarm people…They want a vast majority people to beg for bigger government and gun bans to “save lives”…The mass shootings will increase because a certain group lost some power…Be prepared to defend yourselves!

  10. Nevertheless if you get caught by the cops you go to the slammer so what was the point of the article???????????

    As I have stated numerous times before it is not the Constitution that gives you any rights rather it is the legislatures and the corrupt courts who have always ignored the Constitution to enhance their own power over the people.

    • Lol no at most weapons are sized and you get an appearance ticket unless you commit an actual crime. The state is shit scared of giving a otherwise law-abiding citizen standing to sue regarding our current gun laws.

    • dacian, the DUNDERHEAD Do you even know what a preliminary injunction is? For your edification, it means that the cops can’t enforce that part of the new dumb law that your girl friend, Hochul got the Legislature to pass.
      You are just showing the entire blog what a boob you really are.

      • to Walter the Beverly Hillbilly

        In reality you moron if caught you have a police record which bars you from legally buying a weapon when you undergo a background check at either the state or Federal Level. Your laughing at the law only shows how totally ignorant you are. New York at present is ignoring the court ruling and they will of course make a few minor adjustments and go right on arresting people under a modification of the original law. In other words my retarded one nothing much is going to change at all.

        I might add the court has no authority to make New York obey any of its rulings. As Mao Zedong once said
        “Power come from the barrel of a gun” and the courts have no storm troopers while New York does.

        Try again Walter you failed.

        • dacian the demented dips***,

          NO, you absolute @$$clown, that is NOT what happens. If enforcement of a law is enjoined, you cannot be arrested OR prosecuted under that law, nor can any penalty accrue – so, once again, dacian the demented dips*** proves that his knowledge of
          law is as accurate as his knowledge of . . . well, ANYTHING, to be honest. Once enjoined as unconstitutional or outside the valid powers of the propounding entity, a law is basically null and void until a higher court (or the issuing court) dissolves the injunction.

          Serious question: Is it physically painful to be that stupid? I would think that level of stupidity would cause brain pain . . . oh, I get it, THAT’S the answer!!! You can’t experience brain pain, as you have no brain.

          That’s OK dacian the demented dips***, just run along to your afternoon circle jerk. Tell MajorStupidity we said ‘hi’.

  11. Just another STUPID move to make criminals out of otherwise law abiding citizens. And, I bet they prosecute these “new criminals” with more intensity than the state does with “real shoot-em-up” armed criminals and cretins, as we have read on the laxity of prosecution.

    • Varies by county/municipality for not locking up criminals but yeah the closer to NYC (or ideological clone) you get the more we see that happening. Albany has been fun lately with high speed car chases. As to going after the “undesirables”…….not yet but it is a concern.

    • Make America Felons Again
      No rights for you
      Suckers.
      Ahhh gee does that mean I cant vote too, well how about that.
      And a voice from heaven came down and said Democrats have Dominion over the voters.

  12. Not only is it failing, but the US District Court just declared it unconstitutional and has issued a preliminary injunction to add to the other preliminary injunctions all ready issued by the Court.

    • Appeals not district……..but that should be quickly scheduled after Suddaby or Sinatra has the full hearing for the current pending cases. Both gave preliminary injunctions and we have almost a dozen other assorted cases pending that haven’t gotten that far yet so Hochul and co may have a rough term.

  13. The silver lining to living in NY is that most stores are utterly ignorant about what’s going on with gun laws. I doubt very few store managers know about the injunction, assuming they even knew about the new law in the first place.

    Thus, none of the 5 stores I visited while carrying today were posted. May their ignorance last a thousand years.

  14. Just because the fence post doesn’t have Keep Out sign on it doesn’t mean I can hunt there.
    Nope, gotta get permission first.
    Kinda like when you buy a gunm from a licensed dealer, gotta get permission from .gov first.
    The Right To Bar Arms Shall Not Be Infringed.
    Yep that’s what the Second Amendment says and that’s the way .gov runs it.
    Another bitch I’ve got is why a government bureau lumps gunms in with addictive substances. BUREAU of Alcohol Tobacco and Gunms,Gunms, Gunms and Fireworks.
    Freedom? Compared to North Korea, I suppose maybe so. Sometimes I wonder if the right to bear arms is not a little over played as freedom.

Comments are closed.