New York
Related: About this forumJudge blocks New York restrictions on guns on private property
https://www.theguardian.com/us-news/2022/nov/23/new-york-gun-restrictions-private-propertyJohn Sinatra strikes down key provision, in victory for gun owners challenging state law that went into effect in September
Reuters in New York
Wed 23 Nov 2022 12.22 EST
A federal judge has blocked the state of New York from restricting the carrying of guns on private property under a Democratic-backed law adopted in September.
A Tuesday ruling by John Sinatra, a US district judge in Buffalo, struck down a provision in the law that made it a felony for a licensed gun owner to possess a firearm on private property unless the property owner allowed it with a sign or express consent.
Sinatra, who was appointed under Donald Trump, found that the provision violated the second amendment right to keep and bear arms.
The ruling was the latest courtroom victory for gun owners challenging the New York law, the Concealed Carry Improvement Act, that as of 1 September made obtaining a firearms license more difficult and barred firearms from a long list of sensitive public and private places.
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niyad
(119,907 posts)jimfields33
(18,856 posts)But this is for people who come on the property that dont own the home. That makes a huge difference. I think the judge shouldve let this one go. some people dont want guns on their property, but a lot of homeowners like to have guns in their house, which would still be allowed. judge made a wrong decision, I think.
enough
(13,454 posts)which used to be the bedrock of conservative beliefs.
The Gun is now our deity.
bucolic_frolic
(46,979 posts)That judge is upside down
sl8
(16,245 posts)This decision basically says that the state can't make it the default.
sop
(11,186 posts)"A Tuesday ruling by John Sinatra, a US district judge in Buffalo, struck down a provision in the law that made it a felony for a licensed gun owner to possess a firearm on private property unless the property owner allowed it with a sign or express consent."
Businesses and other locations will now have to post signs expressly forbidding guns on their private property.
The law says the restriction is the default. The judge says it must be a conscious decision of the property owner.
CurtEastPoint
(19,179 posts)ratchiweenie
(7,923 posts)thatdemguy
(522 posts)The flip side example, no it is not perfect but its the same premise.
A state says you cant have booze or weed on private property unless the owner posts a sign saying its ok. Well you cant even go on the parking lot of the corner gas station to get gas due to the edible in the glove box. But you cant even enter the parking lot to find out if there is a sign saying its ok unless you risk getting charged.
I am all for private property rights, business owners can say no guns, no smoking, no drinking, shirt and shoes required. But with out signs saying shirt and shoes required you cant complain when someone walks in with out shoes on.
How would we feel if a state said its a crime to walk in to every store with a mask on ( due to robbery but applies to covid ), unless the owner says masks are ok. Oh btw it would be a crime to even enter the parking lot with a mask on to look to see if masks are okay.
Yes I am exaggerating but its is the same type of law.
sinkingfeeling
(52,993 posts)2nd. Amendment craziness.
Rhiannon12866
(222,125 posts)Last I knew, it's now held where I live now, just up north.