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Discussion Starter · #1 ·
Cases Address a Second Amendment Challenge and a Non-Citizen Felony Plea, Among Other Issues | New York Law Journal

In People v. Hughes, the court, for the first time, considered a Second Amendment challenge to a gun conviction.[SUP]1[/SUP] Under Penal Law §265.03(3), a person who possesses an unlicensed loaded firearm is guilty of a class C felony unless the possession takes place in his home or business, in which case the crime is a class A misdemeanor. The home or business exception, however, is inapplicable if the person has been previously convicted of any crime. Hughes possessed an unlicensed loaded handgun in his home and had a prior misdemeanor conviction for resisting arrest. He was convicted of the class C felony and sentenced to 31/2 years' imprisonment.
Hughes' argument was that elevating a gun possession charge from a misdemeanor to a class C felony based on a prior misdemeanor conviction impermissibly burdened his Second Amendment rights. The court rejected the claim. It "assum[ed] without deciding that the [severity of the] punishment imposed … is subject to Second Amendment scrutiny" and ruled that "intermediate scrutiny [was] the right kind." Applying intermediate scrutiny, it found that "keeping guns away from people who have shown they cannot be trusted to obey the law is a means substantially related" to the important government objective of preventing illegal firearms use. Thus, "to punish severely a convicted criminal who, though eligible for a license, again violates the law by obtaining an unlicensed gun" does not offend the Constitution.[SUP]2

[/SUP]2. A "householder" is entitled to a license to possess a pistol or revolver in his dwelling even if he has a misdemeanor conviction.
 

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Discussion Starter · #2 ·
2. A "householder" is entitled to a license to possess a pistol or revolver in his dwelling even if he has a misdemeanor conviction.

Except of course that they will jerk you off for 18 months and then deny the license.

This State reaches new heights of corruption.
 

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Shocker.
 

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Barf!!!!....oh sorry just a sec....BARF!!!!. Ok i am good. NY court's are a joke...unless you truly are a criminal. If so then you are blessed, hell did not Cuomo wanted to provide convicts with free diplomas not to long ago?
 

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Discussion Starter · #6 ·
This is really a bizzare decision. In Heller, the SCOTUS stated that possession of a firearm in the home is an INDIVIDUAL CONSTITUTIONAL RIGHT.
However, they did leave the door open to "some restrictions".
The NYS COA then states that a misdemeanor conviction is NOT a bar to a pistol license (which by the way is now case law that every PLS MUST adhere to in the future), HOWEVER, he is guilty of a Felony because he did not have a license.

So the PROPER charge should have been failing to obtain a license, which THEY SAY should have been granted. Sounds to me like it should have been a $10 fine and get the gun back when the license is issued. NOT years in jail and a Felony conviction.

This guy really really needs to take this to Federal Court and force NYS to adhere to Heller. It sounds like a good case to take all the way.
 

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This is really a bizzare decision. In Heller, the SCOTUS stated that possession of a firearm in the home is an INDIVIDUAL CONSTITUTIONAL RIGHT.
However, they did leave the door open to "some restrictions"..
I agree, again the problem is justice Scalia either made concessions to the majority opinion he wanted in order to get the four justices he did to sign off on his for the decision or he was too f**king dumb to stipulate what level of review should be used henceforth in 2nd Am cases challenging this "individual right."

Without clarification most of these American-hating, Liberty molesting, pig fornicating judges (state and federal level) are rushing to intermediate scrutiny mind you that level still should not be an easy win for the government, these judges are trying quickly to make the 2nd Am like the 1st, whereby different levels of scrutiny are accepted depending on a wide range of issues.............THIS STATE SUCKS
 

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Crock of horse ****. Debate the laws all you want the ruling is horse manure.
 

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I wonder if someone started publishing the boltholes and hideaways that judges have as "vacation homes" whether "just-us" could be tweaked a little bit to favor us proles?
 

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This is really a bizzare decision. In Heller, the SCOTUS stated that possession of a firearm in the home is an INDIVIDUAL CONSTITUTIONAL RIGHT.
However, they did leave the door open to "some restrictions".
The NYS COA then states that a misdemeanor conviction is NOT a bar to a pistol license (which by the way is now case law that every PLS MUST adhere to in the future), HOWEVER, he is guilty of a Felony because he did not have a license.

So the PROPER charge should have been failing to obtain a license, which THEY SAY should have been granted. Sounds to me like it should have been a $10 fine and get the gun back when the license is issued. NOT years in jail and a Felony conviction.

This guy really really needs to take this to Federal Court and force NYS to adhere to Heller. It sounds like a good case to take all the way.
I kinda wonder if SAF would take this suit as it seems to have merit ( enough to really change the way the state does the permits I may email them to see if they would take it or what they say . Can't hurt .) maybe there is another firm to take this also as after reading to opinion , it really stretched the imaginination how they came up with the ruling .
 

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Discussion Starter · #11 ·
I kinda wonder if SAF would take this suit as it seems to have merit ( enough to really change the way the state does the permits I may email them to see if they would take it or what they say . Can't hurt .) maybe there is another firm to take this also as after reading to opinion , it really stretched the imaginination how they came up with the ruling .
It is not a suit. It would be an appeal to the Federal Courts. Very complex and expensive. The ACLU should take it up, NYS is denying his constitutional rights.
 

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2. A "householder" is entitled to a license to possess a pistol or revolver in his dwelling even if he has a misdemeanor conviction.

Except of course that they will jerk you off for 18 months and then deny the license.

This State reaches new heights of corruption.
A permit simply to own is 110% unconstitutional. Speaking of which, isn't there a Tresmond lawsuit with regards to this? Any news on that?
 

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I kinda wonder if SAF would take this suit as it seems to have merit ( enough to really change the way the state does the permits I may email them to see if they would take it or what they say . Can't hurt .) maybe there is another firm to take this also as after reading to opinion , it really stretched the imaginination how they came up with the ruling .
Permit to own = direct violation of your individual rights
 

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Yep, I'm so surprised. (NOT)

By the way dwa12497, That's a interesting avatar you got there.
Football season is upon us. I'm unfortunately a huge Bills fan. And I live in New York. Goddamn I'm a glutton for punishment, eh?
 
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