Liberal Judge On NYS's Top Court Says Key Gun Law Is Unconstitutional

[TTL News 319]

Quote

 

New York State Court of Appeals Judge Jenny Rivera, one of the top court's two most liberal jurists, says she would strike down a state law that makes it easier to convict people who possess loaded firearms without a permit, following the U.S. Supreme Court's landmark Second Amendment decision last year.

In a dissenting opinion from one of several gun cases decided last Tuesday, Rivera said it was time to invalidate the law at issue — which says the mere possession of an unlicensed firearm implies an intent to use that firearm illegally.

This implication, enshrined in law, is used to prosecute certain gun crimes, some of which have a so-called "intent" requirement.

The Supreme Court's 2022 decision in New York State Rifle & Pistol Association v. Bruen found that a central part of New York's licensing process, requiring a special need to obtain a concealed-carry permit, violated the Second Amendment. Because of this, Rivera reasoned, New York can no longer presume that everyone who possesses an unlicensed firearm intends to use it illegally.

 

Read more here.

[Chris 2,238]

23 hours ago, Elmira Telegram said:

The Supreme Court's 2022 decision in New York State Rifle & Pistol Association v. Bruen found that a central part of New York's licensing process, requiring a special need to obtain a concealed-carry permit, violated the Second Amendment. Because of this, Rivera reasoned, New York can no longer presume that everyone who possesses an unlicensed firearm intends to use it illegally.

Soooo... would she be alright if the rest of us took this to mean there's no need to jump through all the hoops to possess one with a permit? Or is this just more special treatment for the criminals?

 

 

[Ann 273]

2 hours ago, Chris said:

Soooo... would she be alright if the rest of us took this to mean there's no need to jump through all the hoops to possess one with a permit? Or is this just more special treatment for the criminals?

 

 

The way things are now I’d say more special treatment for criminals.

[MsKreed 1,204]

2 hours ago, Chris said:

Soooo... would she be alright if the rest of us took this to mean there's no need to jump through all the hoops to possess one with a permit? Or is this just more special treatment for the criminals?

Good point. 

It seems like her philosophy is based on the same argument not to "presume that everyone who enters the country illegally intends to commit other offenses."