It’s a Civil Right in New York’s Constitution … New York has their Constitutional right assigned as a Civil Right.
The New York attorney general’s office is due before the state Supreme Court next month to defend the constitutionality of Gov. Andrew Cuomo’s tough new gun control package, and two separate appellate courts recently issued opposing opinions on whether the Second Amendment guarantees the right to carry a concealed weapon in public.
Mr. Cuomo signed sweeping gun control measures into law in January that included a beefed-up ban on so-called assault weapons and a limit on magazine capacity to a maximum of seven rounds of ammunition — even less than the 10-round limit proposed by President Obama. But Buffalo lawyer James Tresmond — with the backing of the National Rifle Association and other gun rights groups — is arguing on behalf of two gun owners that the law amounts to an unconstitutional seizure of property under the Fifth and 14th amendments to the U.S. Constitution.
State Supreme CourtJustice Diane Devlin has ordered the state to show cause by April 25 — when oral arguments are scheduled — though the state attorney general’s office plans to respond by mid-March. Mr. Tresmond also has represented a gun dealer in a separate case challenging the law, with a hearing set for late April.
Illinois concealed carry…
Farther west, in another state with stringent gun laws, the U.S. Court of Appeals for the 7th Circuit denied a petition last month to rehear a December ruling that declared an Illinois law prohibiting people from carrying concealed handguns in public unconstitutional.
“There is no suggestion that some unique characteristic of criminal activity in Illinois justifies the state’s taking a different approach from the other 49 states,” Judge Richard A. Posner wrote in the opinion. “If the Illinois approach were demonstrably superior, one would expect at least one or two other states to have emulated it.”
Read more at washingtontimes.com …
