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Self Defense For New York State Residents

This petition had 684 supporters


 

New York City does not allow its citizens to legally carry a concealed firearm for personal self-defense as allowed by Amendment II of the U.S. Constitution.

As the Chair of the Public Safety Committee of Manhattan Community Board 12, I was attempting to hold a Public Hearing in support of a resolution for passage of NYS Senate Bill S1427 & S1863 with an emphasis on personal self-defense, education & firearm training for women. 

If you live in New York State feel free to take a look at the information that I was going be presenting included at the link below.

As I private citizen I created this Petition please feel free to sign my on-line petition. I hope that you will support me as I support you.

In New York State, the police have no duty to provide police protection to any particular individual. The Courts in New York have held that "generally, a municipality may not be held liable for the failure to provide police protection because the duty to provide such protection is owed to the public at large, rather than to any particular individual" (Conde v. City of New York, 24 AD3d 595, 596 [2005]; see Cuffy v. City of New York, 69 NY2d 255, 260 [1987]).

Requiring an applicant to prove that “proper cause” exists for the issuance of a full carry permit when the state has no obligation to protect that individual person only heightens the tension between an individual’s constitutional right to defend themselves and their inability to do so when denied the opportunity to carry a handgun. This tension becomes a constitutional violation when “proper cause” is not interpreted to include selfdefense. In McDonald, the Supreme Court held that the Second Amendment applies to the States. However, the Court also discussed the right to self-defense.

Pass Bill S1427-2011 Amendment To The New York State Constitution This proposed constitutional amendment would provide within the New York State Constitution for a right of the people to keep and bear arms for traditionally recognized purposes.

Sponsor: SALAND / Co-sponsor(s): BONACIC, GALLIVAN, GRIFFO, LARKIN, MAZIARZ, NOZZOLIO, O'MARA, RANZENHOFER, RITCHIE, SEWARD, YOUNG

LINK: Bill S1427-2011

THE PEOPLE SHALL HAVE THE RIGHT TO KEEP AND BEAR ARMS FOR THE DEFENSE OF THEMSELVES AND THE STATE, FOR LAWFUL HUNTING AND RECREATIONAL USE, AND FOR ANY OTHER LAWFUL PURPOSES, AND NO COUNTY, MUNICIPALITY OR OTHER POLITICAL SUBDIVISION OF THE STATE SHALL REGULATE, IN ANY WAY, AN INCIDENT OF THE RIGHT TO KEEP AND BEAR ARMS.

AS OF THE SEPTEMBER 05, 2012 MANHATTAN COMMUNITY BOARD 12 PUBLIC SAFETY COMMITTEE MEETING, IT WAS STATED PUBLICLY BY A SENIOR MEMBER OF THE SENATORS STAFF THAT THE BILL BELOW WAS ADOPTED FROM A PREVIOUS LEGISLATION AND IS NOW OFFICIALLY DROPPED FROM ANY OF THE SENATORS PENDING LEGISLATION AND THAT HE ALSO VOTED AGAINST Bill S1427-2011

Bill S1863-2011 An act to amend the penal law, in relation to licenses to carry, possess, repair and dispose of firearms

Sponsor: ESPAILLAT

LINK: Bill S1863-2011

Section 1. Paragraph (f) of subdivision 2 and subdivision 4 of section 400.00 of the penal law, paragraph (f) of subdivision 2 as amended by chapter 189 of the laws of 2000 and subdivision 4 as amended by chapter 331 of the laws of 2005, are amended to read as follows:

(f) have and carry concealed, without regard to employment or place of possession [, by any person when proper cause exists for the issuance thereof]; and (section in brackets would be removed)

Case Law:

The District of Maryland just struck down a law virtually identical to New York’s law here at issue for violating the Second Amendment. Woollard v. Sheridan, No. L-10-2068, 2012 U.S. Dist. LEXIS 28498 (D. Md. March 2, 2012) (striking down Md. Public Safety Code § 5-306(a)(5)(ii), requiring “good and substantial reason” to carry handgun). Almost immediately, another federal court found that the Second Amendment secures the right to carry a gun for self-defense outside the home. United States v. Weaver, No. 2:09-CR-00222, 2012 U.S. Dist. LEXIS 29613 (S.D. W. Va. March 7, 2012).

http://cavalierknight.com/documents.html 



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