NY Cops Want The Power To Legally Nullify Parts Of The Constitution
Bad Driver? In Debt? Proposed NYC Law Would Ban You From Owning a Gun
Caution - link is to Faux
"New York City residents who want to own a gun may soon be denied permits if they are litterbugs, if they are bad drivers, or if they have fallen behind on a few bills.
Under proposed revisions to the police department's handgun, rifle and shotgun permit procedures, the NYPD can reject gun license applicants for a number of reasons, including:
If they have been arrested or convicted of almost any "violation," in any state; having a "poor driving history"; having been fired for "circumstances that demonstrate lack of good judgment"; having "failed to pay legally required debts"; being deemed to lack "good moral character"; or if any other information demonstrates "other good cause for the denial of the permit."
Critics say many of the restrictions are vague, have nothing to do with one's fitness to own a gun and are unconstitutional.
Supporters say the new restrictions will make gun purchasing more efficient and don't give the NYPD any more power than it already has.
According to a Report of the Governmental Affairs Division, the changes came about as the result of two recent Supreme Court decisions.
"In District of Columbia v. Heller the Court found that a District of Columbia law banning the possession of handguns in the home was invalid due to the rights conferred by the Second Amendment; in McDonald v. City of Chicago, Ill., the Court applied that right equally to the States," the report says.
As result, Councilman Peter F. Vallone Jr., chairman of the Public Safety Committee, introduced a proposal to lower the city's fees for gun permits to ones that more accurately reflect what the city spends to issue them.
"Now the fees are going to be much less and they're going to have a relationship to the amount of administrative costs that are involved, and in that way it will withstand the Constitution and the court challenge that most people expect will be coming down the road," Vallone told FoxNews.com.
The current $340 fee for all pistol licenses would be lowered to $70 for a premises license and $110 for a carry license. Rifle and shotgun permits would drop from $140 to $65. Costs for license renewals would also be significantly reduced.
With the lower fees, the New York Police Department also introduced revisions to the police department's gun permit procedures, which, unlike Vallone's bill, need only approval from the mayor's office, not the City Council.
"Although I do have oversight capability and I can have a hearing on it, I don't have any formal say in it," Vallone said.
Councilmember Dan Halloran says those revisions are intended to give the police more power to deny licenses, which could counter a possible spike in gun ownership triggered by the lower fees.
But Halloran and Vallone say the proposed restrictions give the NYPD so much authority that they violate the Second Amendment."
Caution - link is to Faux
"New York City residents who want to own a gun may soon be denied permits if they are litterbugs, if they are bad drivers, or if they have fallen behind on a few bills.
Under proposed revisions to the police department's handgun, rifle and shotgun permit procedures, the NYPD can reject gun license applicants for a number of reasons, including:
If they have been arrested or convicted of almost any "violation," in any state; having a "poor driving history"; having been fired for "circumstances that demonstrate lack of good judgment"; having "failed to pay legally required debts"; being deemed to lack "good moral character"; or if any other information demonstrates "other good cause for the denial of the permit."
Critics say many of the restrictions are vague, have nothing to do with one's fitness to own a gun and are unconstitutional.
Supporters say the new restrictions will make gun purchasing more efficient and don't give the NYPD any more power than it already has.
According to a Report of the Governmental Affairs Division, the changes came about as the result of two recent Supreme Court decisions.
"In District of Columbia v. Heller the Court found that a District of Columbia law banning the possession of handguns in the home was invalid due to the rights conferred by the Second Amendment; in McDonald v. City of Chicago, Ill., the Court applied that right equally to the States," the report says.
As result, Councilman Peter F. Vallone Jr., chairman of the Public Safety Committee, introduced a proposal to lower the city's fees for gun permits to ones that more accurately reflect what the city spends to issue them.
"Now the fees are going to be much less and they're going to have a relationship to the amount of administrative costs that are involved, and in that way it will withstand the Constitution and the court challenge that most people expect will be coming down the road," Vallone told FoxNews.com.
The current $340 fee for all pistol licenses would be lowered to $70 for a premises license and $110 for a carry license. Rifle and shotgun permits would drop from $140 to $65. Costs for license renewals would also be significantly reduced.
With the lower fees, the New York Police Department also introduced revisions to the police department's gun permit procedures, which, unlike Vallone's bill, need only approval from the mayor's office, not the City Council.
"Although I do have oversight capability and I can have a hearing on it, I don't have any formal say in it," Vallone said.
Councilmember Dan Halloran says those revisions are intended to give the police more power to deny licenses, which could counter a possible spike in gun ownership triggered by the lower fees.
But Halloran and Vallone say the proposed restrictions give the NYPD so much authority that they violate the Second Amendment."
posted by nolocontendere at 7:09 AM
2 Comments:
"In District of Columbia v. Heller the Court found that a District of Columbia law banning the possession of handguns in the home was invalid due to the rights conferred by the Second Amendment; in McDonald v. City of Chicago, Ill., the Court applied that right equally to the States," the report says.
The report is wrong. It seems likely the incorrectness is intentional.
Neither the Second nor any other Amendment to the Constitution "confers" no rights whatsoever; it recognizes certain inalienable rights and prohibits the government from infringing upon them. It also notes that there are other rights that are not listed, and reserves them to the States or the People.
Well said anon. I'm afraid these a priori misstatements are deliberately dumped on us for obvious reasons.
Now I know cop shops have had to use discretion in handing out concealed carry permits because I've had one for decades and know the rigamarole. The uniform standards, in this day and age, are basically prudent in my estimation. But this crap in NYC gives cops the ability to play god and with a wave of their hand decide the worthiness of applicants without standards. And notice the tidbit at the end - that they'll deny applicants their basic rights because that will compensate for the increased number of applications, as if that was valid criteria.
Post a Comment
<< Home