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NYC - kicking and screaming into the 2A world - grayfox - 10-25-2023
[h=1]Federal Judge Strikes Down Two NYC Provisions for Gun Permit Issuance[/h]Federal Judge Strikes Down Two NYC Provisions for Gun Permit Issuance (breitbart.com)
Judge John P. Cronan struck down New York City gun controls that he found gave city officials unconstitutional discretion in the issuance of gun permits.
Cronan struck down NYCs good moral character and good cause provisions, concluding that they gave city officials a degree of leeway in judgment sufficient to provide them cover in denying permits for law-abiding citizens.
He tested the two provisions in light of the Supreme Courts Bruen (2022) decision, then wrote:
[INDENT]In sum, having considered Defendants proffered historical materials, and applying the standard set in Bruen, the Court determines that the magnitude of discretion afforded to New York City licensing officials empowering them to evaluate an applicants good moral character and good cause in deciding whether to permit that applicant to exercise his or her Second Amendment rights, is not constitutionally permissible under the Second and Fourteenth Amendments.
[/INDENT]