New York Attorney General Letitia James is fighting to maintain New York’s right to regulate the sale of firearms after New York City relaxed its gun license laws to comply with a landmark Supreme Court ruling.
On Tuesday, James filed an amicus brief to the Court. Leading a group of 22 attorneys general across the country, she argued that it was essential for the Court to uphold federal laws that prevent individuals from transporting or receiving out-of-state firearms from anyone other than a federally licensed dealer.
The brief comes a week after New York City Mayor Eric Adams signed into effect a new emergency order allowing non–New York residents to apply for carrying licenses in the state.
Before the recent change, New York Police Department rules did not contain formal procedures for applicants who do not live in New York or applicants who are primarily employed in New York City, which gun rights advocates argued would prevent those individuals from exercising their Second Amendment rights.
In the multistate brief, James argued that the majority of guns recovered by law enforcement originate from outside of the state and were illegally trafficked across state lines. She said that while state regulations differ, the attorneys general “all share the firm conviction that the Constitution allows States to act to prevent gun violence in a manner that is adapted to individual States’ needs.”
New York Attorney General Letitia James speaks during a press conference on February 16 in New York City. This week, James filed a brief with the Supreme Court in an effort to maintain her state’s…
New York Attorney General Letitia James speaks during a press conference on February 16 in New York City. This week, James filed a brief with the Supreme Court in an effort to maintain her state’s right to regulate the sale of firearms.
More
Michael M. Santiago/Getty Images
Joining James in the brief were attorneys general from California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota,
Nevada, New Jersey, North Carolina, Oregon, Pennsylvania, Rhode Island,
Vermont, Washington, Wisconsin and the District of Columbia.
The brief was filed in response to United States v. Steven Perez, a case involving a New York man who was arrested, criminally prosecuted, convicted and sentenced to prison after he illegally purchased weapons from a dealer in South Carolina, who transported those firearms to him in New York City. Perez is appealing his conviction from the U.S. District Court for the Southern District of New York, arguing that it violates his Second Amendment rights.
The coalition of attorneys general, however, argues that federal gun laws banning the sale and transportation of out-of-state firearms from dealers who are not federally licensed do “not implicate the Second Amendment because they do not prevent a law-abiding citizen from purchasing, owning, or carrying a firearm.”
“Rather, they support state licensing regimes by requiring citizens to purchase firearms from licensed in-state dealers through lawful, recorded transactions, rather than from the black market,” the brief said.
James also argued that upholding such laws is crucial to ensuring public safety and important in assisting law enforcement in the investigation and prosecutions of gun crimes. She also said that blocking the laws would be inconsistent with what the Constitution says about the right to bear arms.
The New York attorney general cited the Supreme Court’s 2022 decision in New York State Rifle & Pistol Association v. Bruen, writing that “State regulation of the commercial sale of firearms” is lawful under Bruen’s historical-analysis test.
Bruen, which is the most important Second Amendment case the Court has decided in more than a decade, struck down a century-old law in New York requiring applicants to show “proper cause” in order to obtain a concealed carry license.
The New York Police Department also made a nod to Bruen in its recent order, stating that the changes to New York City’s gun laws will “ensure that the City is able to properly regulate handgun ownership within NYC while also complying with the Bruen decision.”
Source link : http://www.bing.com/news/apiclick.aspx?ref=FexRss&aid=&tid=66bcb090770a465996e649dbf6370a96&url=https%3A%2F%2Fwww.newsweek.com%2Fletitia-james-fights-new-york-gun-law-after-supreme-court-forces-change-1939117&c=11321517813954611890&mkt=en-us
Author :
Publish date : 2024-08-14 02:08:00
Copyright for syndicated content belongs to the linked Source.