Supreme Court decicion against new york (anyone know?)

[theCan]

I'm looking for a case against new york in that the supreme court held that withholding gun permits for persons who have non-felony gun conviction is not allowed.

In this case he was convicted for not having his pistol registered (or whatever new york requires) and NY was not allowing him to own a gun. The supreme court ruled against this.

 

[Frank Ettin]

Some more information would help. A name? A time frame? A link to a newspaper article?

 

[theCan]

If I had any of that it would be easy to find. It was pretty recent though. This year I'm pretty sure.

 

[cbrgator]

The U.S. Supreme Court? You sure your facts are accurate?

That kind of case is one most of us here would likely be familiar with. I'm not saying your mistaken, it just doesn't sound familiar (and I follow this kind of stuff).

 

[Frank Ettin]

It could be a state court decision. But that makes it confusing. In New York State the trial court level is referred to as the New York Supreme Court. And if it's a trial court case, it could be extreme hard to find.

 

[hermannr]

I'm looking for a case against new york in that the supreme court held that withholding gun permits for persons who have non-felony gun conviction is not allowed.

In this case he was convicted for not having his pistol registered (or whatever new york requires) and NY was not allowing him to own a gun. The supreme court ruled against this.

There is no 2A equivilent in the NY constitution, and their penal code 265 says it is illegal to possess any weapon even in your own home or business without a license to possess. (types of licenses listed in Penal code 400) You cannot possess outside your home unless you have a license to possess and carry.

Actually, you may be thinking about an IL case...Gowder V Chicago?

 

[Carl N. Brown]

A Hawaii case: "The Second Amendment and Convictions for Misdemeanor “Harassment” Offenses That Possibly Didn’t Involve Violence"
http://www.volokh.com/2012/07/06/th...enses-that-possibly-didnt-involve-violence-2/

 

[aeriedad]

Actually, you may be thinking about an IL case...Gowder V Chicago?

From the description in the OP, I too think we're talking about Gowder v. Chicago. See http://www.nraila.org/news-issues/n...defends-mans-right-to-keep-and-bear-arms.aspx

There is also a similarity to a recent decision in MD: http://saf.org/viewpr-new.asp?id=395, but I still think the Gowder case is a closer match. I follow this stuff casually and I cannot recall any similar cases re: NY, recent or otherwise.

ETA: I'm wrong about the MD case. Not that similar. See http://www.comm2a.org/discretionary-licensing-right-to-carry/15-woollard-v-sheridan-md

 

[Midwest]

I looked at nyfirearms.com and didn't see anything about a Supreme Court Decision against New York. If something along those lines happened, that site would have had detailed discussions about it.

 

[alsaqr]

Think i heard of a recent case where a NY judge or court made a favorable ruling in a gun case. But old people hear lots of stuff.

Link to the NY State Court of Criminal Appeals:

http://www.nycourts.gov/ctapps/Decisions/2012/Jun12/Jun12.htm

 

[theCan]

It was the Gowder case. I'm going to enjoy showing this one to the permit office. It may not be a ruling in my state. But hopefully it scares them into following the law... It's crazy that you have to basically threaten the state/county with a lawsuit to get what ought to be rightfully yours to begin with.

 

[Frank Ettin]

t was the Gowder case. I'm going to enjoy showing this one to the permit office. It may not be a ruling in my state. But hopefully it scares them into following the law... It's crazy that you have to basically threaten the state/county with a lawsuit to get what ought to be rightfully yours to begin with.

Sorry, but don't get your hopes up. The reality is that a federal trial court ruling from one State is pretty meaningless in another.