My question involves criminal law for the state of: New york (and any other for that matter)
First time posting a question. Has the second amendment (or state's constitution version) ever successfully been used as a defense against a CPW charge? In NY for example, the SAFE act passed and was deemed constitutional even though it obviously infringes on the right of the people to bear arms. The state constitution doesnt guarantee the right but it does say all persons in the state are the militia and the state must uphold their right to perform militia functions. NY Civil Rights laws has a section that mirrors the second amendment to the letter. Now US vs Miller made clear the second amendment protects military weapons suitable for use in a militia so clearly banning those cosmetic features is unconstitutional. Secondly, in NY the state may deny people their right to buy a handgun, thus infringing on their right to bear arms. So if someone was caught with an unregistered handgun or rifle in violation of the SAFE act, how could a judge possibly ignore the "law of the land" and punish someone for exercising their constitutional rights? If the state can deny you from obtaining a handgun, wouldnt that make the 2nd Amendment a privilege instead of a right?
First time posting a question. Has the second amendment (or state's constitution version) ever successfully been used as a defense against a CPW charge? In NY for example, the SAFE act passed and was deemed constitutional even though it obviously infringes on the right of the people to bear arms. The state constitution doesnt guarantee the right but it does say all persons in the state are the militia and the state must uphold their right to perform militia functions. NY Civil Rights laws has a section that mirrors the second amendment to the letter. Now US vs Miller made clear the second amendment protects military weapons suitable for use in a militia so clearly banning those cosmetic features is unconstitutional. Secondly, in NY the state may deny people their right to buy a handgun, thus infringing on their right to bear arms. So if someone was caught with an unregistered handgun or rifle in violation of the SAFE act, how could a judge possibly ignore the "law of the land" and punish someone for exercising their constitutional rights? If the state can deny you from obtaining a handgun, wouldnt that make the 2nd Amendment a privilege instead of a right?
Weapons Offenses: Weapons Possession Defense (Firearms)
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