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Pastimes : Guns - America's Greatest Legacy -- Ignore unavailable to you. Want to Upgrade?


To: FJB who wrote (1427)3/24/2013 2:56:36 PM
From: joseffy  Respond to of 5328
 
Mike Bloomberg would prefer if New Yorkers got robbed.



To: FJB who wrote (1427)3/24/2013 2:57:26 PM
From: joseffy  Respond to of 5328
 
Of course they didn't arrest the burglar.



To: FJB who wrote (1427)3/26/2013 12:30:58 PM
From: CF Rebel3 Recommendations  Read Replies (1) | Respond to of 5328
 
A Manhattan millionaire faces three years in jail for drawing an unlicensed gun on a burglar inside his home.

If he can show he was denied a license, he might win in court a la the Heller decision. Alternately, he might be able to win the case regardless of licensing. In the Heller case the court said in Part IV:

We turn finally to the law at issue here. As we have said, the [District of Columbia] law totally bans handgun possession in the home. It also requires that any lawful firearm in the home be disassembled or bound by a trigger lock at all times, rendering it inoperable. As the quotations earlier in this opinion demonstrate, the inherent right of self-defense has been central to the Second Amendment right. The handgun ban amounts to a prohibition of an entire class of “arms” that is overwhelmingly chosen by American society for that lawful purpose. The prohibition extends, moreover, to the home, where the need for defense of self, family, and property is most acute. Under any of the standards of scrutiny that we have applied to enumerated constitutional rights,27 banning from the home “the most preferred firearm in the nation to ‘keep’ and use for protection of one’s home and family,” 478 F. 3d, at 400, would fail constitutional muster.


The last comment in bold print might imply that requiring a license to use the "most preferred firearm" for home defense, as "required" in New York City, might also be unconstitutional. It certainly is an onerous and imperious requirement. Also from the decision:

In sum, we hold that the District’s ban on handgun possession in the home violates the Second Amendment , as does its prohibition against rendering any lawful firearm in the home operable for the purpose of immediate self-defense. Assuming that Heller is not disqualified from the exercise of Second Amendment rights, the District must permit him to register his handgun and must issue him a license to carry it in the home.
Although the courts says that Heller must be permitted to register his handgun, the decision does not address whether registration or licensing for home defense purposes is constitutional. I'd like to see Mr. Bardwil sue. If he were to win in court it would be a major slapdown to the fascists running the cities and states - the Second Amendment covers all jurisdictions.

law.cornell.edu

CF Rebel