It takes a year, multiple background checks, and like 4 vouchers for character to buy a pistol in NY state. Whether or not you were allowed to carry feels secondary to that issue.
So great precedent going forward but doesn't address the real issue
"Since Heller and McDonald, the Courts of Appeals have developed a 'two-step' framework for analyzing Second Amendment challenges that combines history with means-end scrutiny. The Court rejects that two-part approach as having one step too many."
Henceforth the "history and tradition" model will apply when courts assess the constitutionality of gun laws and regulations.
This changes the whole game.
We might be able to completely undo all of Cornyn's fuckery and more with this!
I was just looking at several of the California gun cases like Rupp, et al v. Becerra and Miller, et al v. Bonta, and they are both currently paused pending the outcome of this case. I would suspect that the 9th Circuit will reluctantly craft their decision consistently with this ruling.
EDIT: It will be interesting to see what SCOTUS does with Duncan v. Bonta, which earlier tossed the magazine ban but the full panel overruled it and is now pending cert.
They can only address the issue brought to them, but by setting a new standard for review for 2A cases, they've set the stage to challenge those laws too. Undoing a century of authoritarianism in New York will take time.
This isn't NY, but in California, they required registration of rifles under their new assault weapon definition. Thousands of people sent in registration forms, but even with a year, the state failed to process them due to being "understaffed". They closed the registration period, and so people sued. It took another year or so for the courts to rule for them to open the period again, and people are still complaining that their forms haven't been approved again. CA DOJ loves playing dirty tricks like this, such as raiding gun shops for off list lowers and going "oops" after the courts rule the stores were operating legally. I wouldn't expect NY to be better.
No specific waiting period to buy the gun itself, but background checks etc before you are allowed a handgun permit easily takes 6 months if you're lucky. A year is not outside the realm of reasonable expectation here
Anarcho-tyranny. NY really doesn't want you to have guns so they will drag their feet every step of the way.
Edit: The real time-consumer is that NY sends people out to interview your friends/family you use as references on your permit application. Ostensibly to make sure you're not crazy or unqualified to own a weapon. Maybe this goes away as the court ruling strikes down May-Issue entirely and forces every state to be Shall-Issue in the context of CC, so I don't see why it wouldn't also be applied to ownership
Some counties are better than others, but in any of the ones housing the big cities (Buffalo, Rochester, Syracuse, NYC ofc) you'll have to wait a long time
They just do everything to discourage you from getting it. They could do it all in an afternoon while you waited for the most part. But NY especially NYC tries to dig up anything on you to deny you.
Then in NYC they make it even harder because you can't just go buy a gun. You have to get a purchase authorization which takes 3 to 6 months to process. Then you have 30 days to buy a gun, if you don't buy it in 30 days the authorization expires. After you buy the gun then you have to take it to one specific place for NYPD to inspect the gun because they don't trust the FFLs.
There's an FBI background check required for any gun purchase from any federally licensed dealer.
During periods of low sales volumes its usually 10 minutes - 2 hours. depending on if your name is popular or not. Archimedes Link Usoro will have their background check come back a lot faster than John Smith
The last Gun i bought, during the 2020 "summer of love" the background check took 3 weeks. I bought one in 2008 at a gun show and the dealer got an answer back with in a few minutes. He called it in.
Now some states and or cities have a waiting period on top of that. sometimes it depends what you're buying. bolt action riffles versus a hand gun or modern sporting riffle.
Nevada has no waiting period. California has a 10 day waiting period. I think (I could be wrong) you have to pass your background check before you can pay for the gun. and after you pay the waiting period starts.
So gun laws are state-by-state. They also vary by the type of gun.
In my state, a southern reddish state, it's state law that you must get a pistol permit to by a handgun. The county sheriff's office is responsible for issuing pistol permits. In some counties it's done almost instantly. In some blue counties, they will sit on your pistol permit as long as possible. One county stopped issuing pistol permits during covid, saying they didn't have the staff, and they got slapped down by courts.
When I applied for a pistol permit a few years back, I received my permit the day AFTER the legal maximum period the sheriff is allowed to take to review my file. My background check is clean, no criminal record, no debt, no nothing.
So, it's not a waiting period, technically, but you legally have to have one of these permits in order to purchase a handgun, or even to receive one as a gift from a family member.
Fun fact--for many southern states that have pistol permit laws, the origins go back to Jim Crow and segregation. Make blacks apply to the local sheriff for a pistol permit, then turn them down, because, reasons. Authoritarians are going authoritarian, left or right.
It takes a year, multiple background checks, and like 4 vouchers for character to buy a pistol in NY state. Whether or not you were allowed to carry feels secondary to that issue.
So great precedent going forward but doesn't address the real issue
The best part of this ruling is this portion:
"Since Heller and McDonald, the Courts of Appeals have developed a 'two-step' framework for analyzing Second Amendment challenges that combines history with means-end scrutiny. The Court rejects that two-part approach as having one step too many."
Henceforth the "history and tradition" model will apply when courts assess the constitutionality of gun laws and regulations.
This changes the whole game.
We might be able to completely undo all of Cornyn's fuckery and more with this!
I was just looking at several of the California gun cases like Rupp, et al v. Becerra and Miller, et al v. Bonta, and they are both currently paused pending the outcome of this case. I would suspect that the 9th Circuit will reluctantly craft their decision consistently with this ruling.
EDIT: It will be interesting to see what SCOTUS does with Duncan v. Bonta, which earlier tossed the magazine ban but the full panel overruled it and is now pending cert.
They can only address the issue brought to them, but by setting a new standard for review for 2A cases, they've set the stage to challenge those laws too. Undoing a century of authoritarianism in New York will take time.
You forgot to add "several bribes to the sheriff's office."
Really a year, or is that exaggeration?
Because I've seen gun rights advocates get mad even over 3 day waiting periods. A year seems completely mad.
This isn't NY, but in California, they required registration of rifles under their new assault weapon definition. Thousands of people sent in registration forms, but even with a year, the state failed to process them due to being "understaffed". They closed the registration period, and so people sued. It took another year or so for the courts to rule for them to open the period again, and people are still complaining that their forms haven't been approved again. CA DOJ loves playing dirty tricks like this, such as raiding gun shops for off list lowers and going "oops" after the courts rule the stores were operating legally. I wouldn't expect NY to be better.
No specific waiting period to buy the gun itself, but background checks etc before you are allowed a handgun permit easily takes 6 months if you're lucky. A year is not outside the realm of reasonable expectation here
That is crazy, I thought these background checks were basically instantaneous.
How come states like Texas can do them instantaneously? Or is just a criminal background check different from the NY style.
Anarcho-tyranny. NY really doesn't want you to have guns so they will drag their feet every step of the way.
Edit: The real time-consumer is that NY sends people out to interview your friends/family you use as references on your permit application. Ostensibly to make sure you're not crazy or unqualified to own a weapon. Maybe this goes away as the court ruling strikes down May-Issue entirely and forces every state to be Shall-Issue in the context of CC, so I don't see why it wouldn't also be applied to ownership
Some counties are better than others, but in any of the ones housing the big cities (Buffalo, Rochester, Syracuse, NYC ofc) you'll have to wait a long time
They just do everything to discourage you from getting it. They could do it all in an afternoon while you waited for the most part. But NY especially NYC tries to dig up anything on you to deny you.
Then in NYC they make it even harder because you can't just go buy a gun. You have to get a purchase authorization which takes 3 to 6 months to process. Then you have 30 days to buy a gun, if you don't buy it in 30 days the authorization expires. After you buy the gun then you have to take it to one specific place for NYPD to inspect the gun because they don't trust the FFLs.
There's an FBI background check required for any gun purchase from any federally licensed dealer. During periods of low sales volumes its usually 10 minutes - 2 hours. depending on if your name is popular or not. Archimedes Link Usoro will have their background check come back a lot faster than John Smith The last Gun i bought, during the 2020 "summer of love" the background check took 3 weeks. I bought one in 2008 at a gun show and the dealer got an answer back with in a few minutes. He called it in.
Now some states and or cities have a waiting period on top of that. sometimes it depends what you're buying. bolt action riffles versus a hand gun or modern sporting riffle.
Nevada has no waiting period. California has a 10 day waiting period. I think (I could be wrong) you have to pass your background check before you can pay for the gun. and after you pay the waiting period starts.
They are. It's just when they decide to getting around to doing them/releasing the instant check.
So gun laws are state-by-state. They also vary by the type of gun.
In my state, a southern reddish state, it's state law that you must get a pistol permit to by a handgun. The county sheriff's office is responsible for issuing pistol permits. In some counties it's done almost instantly. In some blue counties, they will sit on your pistol permit as long as possible. One county stopped issuing pistol permits during covid, saying they didn't have the staff, and they got slapped down by courts.
When I applied for a pistol permit a few years back, I received my permit the day AFTER the legal maximum period the sheriff is allowed to take to review my file. My background check is clean, no criminal record, no debt, no nothing.
So, it's not a waiting period, technically, but you legally have to have one of these permits in order to purchase a handgun, or even to receive one as a gift from a family member.
Fun fact--for many southern states that have pistol permit laws, the origins go back to Jim Crow and segregation. Make blacks apply to the local sheriff for a pistol permit, then turn them down, because, reasons. Authoritarians are going authoritarian, left or right.
If your state has a 2A organization see about getting a writ of mandamus filed any/the next time they do that.
So... It was the left then, and it was the left now? Not sure how that tracks with your "left or right" statement follow-up.
that's not a right authoritarian thing.
A 5 minute overview of the process, as described by John Stossel.