We Overturned Bad Law In Both NY & CA!

Gun Owners of America

18 Sept 202407:25

Summary

TLDRThis video discusses recent legal victories for gun owners in California and New York, focusing on lawsuits that challenge restrictions on out-of-state concealed carry permits. The Gun Owners of America (GOA) has made significant strides in both states, with New York City allowing non-residents to apply for permits after a GOA lawsuit. Similarly, a California court ruled against the state's restriction on out-of-state carry permits. These wins reflect the impact of the Supreme Court’s Bruen decision, which requires Second Amendment restrictions to align with historical precedents.

Takeaways

🎉 Gun owners in California and New York have reason to celebrate due to recent court victories regarding out-of-state carry permits.
⚖️ Two key lawsuits have advanced: Higg v. James in New York and California Rifle Pistol Association v. Los Angeles Sheriff’s Department in California.
👤 Higg v. James involves Carl Higby, a Newsmax host and former Navy SEAL, who sued New York for denying out-of-state residents the ability to apply for carry permits.
🚫 New York currently does not allow non-residents to apply for carry permits, leaving many, like Higby, unable to carry legally in the state.
🏙️ In response to the lawsuit, New York City issued an emergency rule allowing non-residents to apply for concealed carry permits, a major shift in policy.
🗣️ Eric Pratt, senior VP of GOA, celebrated this development, stating that it helps millions of Americans who visit or work in New York exercise their right to self-defense.
🏛️ In California, a similar lawsuit challenges the state's denial of carry permits to non-residents, with a federal judge ruling against the state’s restrictions.
📜 California’s attempt to justify its laws using 20th-century examples failed, as the judge referenced the Supreme Court’s Bruen decision, which requires historical analogs from the nation’s founding era.
⏳ California must comply by changing the law within 30 days, and plaintiffs are working on a proposed order to enjoin the current law.
🌎 With these victories, only Hawaii continues to deny out-of-state permit applications, potentially making nationwide carry rights more accessible in the near future.

Q & A

What recent victories have gun owners in California and New York celebrated?
-Gun owners in California and New York have celebrated legal victories that make it easier for out-of-state residents to apply for carry permits. These victories stem from lawsuits challenging restrictions on non-resident carry permits.
What are the two main lawsuits mentioned in the script?
-The two main lawsuits mentioned are 'Higby v. James' in New York and 'California Rifle & Pistol Association v. Los Angeles Sheriff's Department' in California.
Who is Carl Higby, and what role does he play in the New York lawsuit?
-Carl Higby is a Newsmax host and former US Navy SEAL. He is the lead plaintiff in the New York case, Higby v. James, where he challenges New York's ban on out-of-state residents applying for carry permits.
Why was the lawsuit filed in New York?
-The lawsuit was filed because New York does not allow out-of-state residents to apply for carry permits, which the plaintiffs, including Carl Higby, argue is an infringement on their Second Amendment rights.
What significant development occurred in New York City regarding carry permits?
-New York City recently issued an emergency rule allowing non-residents to apply for carry permits, which marks a significant change in the city’s gun laws.
What was the outcome of the California case?
-In the California case, the judge ruled that the state failed to demonstrate a valid reason to deny out-of-state residents the right to apply for carry permits, marking a significant victory for gun rights.
How did California attempt to justify its restrictions on out-of-state carry permits?
-California attempted to justify its restrictions by citing historical laws from the 20th century. However, the judge ruled that these examples did not meet the requirements of the Bruen decision, which demands historical analogs from the founding era.
What is the significance of the Bruen decision mentioned in the script?
-The Bruen decision, a recent Supreme Court ruling, requires that all Second Amendment restrictions must have a historical tradition from the founding era and align with the text of the Second Amendment. Restrictions without this basis are considered unconstitutional.
What is the next legal step in the California case?
-The next step is to submit a proposed order to enjoin the law within 30 days, effectively stopping California from denying out-of-state carry permits.
How could these legal victories affect other states like Hawaii?
-These legal victories could set a precedent for overturning similar restrictions in other states like Hawaii, which still denies out-of-state residents the ability to apply for carry permits.

Outlines

00:00

🎉 Big Wins for Gun Owners in California and New York

Gun owners in California and New York have reason to celebrate as Gun Owners of America (GOA) achieved significant legal victories in both states. These wins bring the possibility of out-of-state carry permits closer to reality. This video covers the details of these victories and their impact on gun rights in the future. Additionally, viewers are encouraged to sign up for GOA alerts to stay informed on developments concerning the right to bear arms at both state and federal levels.

05:00

🔫 New York Case: Carl Higbie and the Fight for Non-Resident Carry Permits

GOA's lawsuit, Higg v. James, challenges New York’s prohibition on issuing concealed carry permits to non-residents. The case was filed by Carl Higbie, a Newsmax host and former Navy SEAL, and two other Massachusetts residents who are unable to apply for permits in New York. Currently, there is no system allowing non-residents to carry firearms, leading to potential legal issues for those crossing state lines. Although the case is still in mediation, New York City has recently passed an emergency rule allowing non-residents to apply for permits, showing positive movement in the fight for gun rights.

🏛️ California Case: Non-Resident Permit Ban Challenged

The GOA, alongside other gun rights groups, filed a lawsuit against California's denial of concealed carry permits for non-residents. In this case, Judge Sherilyn Peace Garnett ruled that the state failed to justify infringing on non-residents' rights to bear arms, disagreeing with the state’s claim that 20th-century laws provided a historical basis for such restrictions. The ruling is significant as it applies the Bruen decision, which requires Second Amendment restrictions to be rooted in historical tradition. California now faces pressure to enjoin the law, making it easier for out-of-state residents to carry firearms in the state.

🔍 The Bruen Decision and Its Impact on Gun Control

The Bruen decision by the Supreme Court mandates that all gun control laws must show historical analogs from the nation’s founding era to be constitutional. This case has played a crucial role in dismantling restrictive gun laws, as seen in California's failure to uphold its out-of-state carry permit ban. The decision pushes back against 20th-century laws that were never properly challenged and advances the fight for gun rights. The case's next step involves plaintiffs meeting with the state to finalize the injunction, signaling the end of such permit restrictions in California and potentially in Hawaii as well.

👋 Closing Remarks: The Fight for Nationwide Gun Rights Continues

As legal battles continue, GOA remains committed to protecting gun owners’ rights across the country. While significant progress has been made in California and New York, GOA is ready to fight further if New York State does not follow the city's example. The organization is also hopeful that the case will influence Hawaii’s stance on out-of-state permits. GOA encourages its supporters to stay vigilant, and with victories on the horizon, the future of nationwide gun rights looks promising.

Mindmap

Keywords

💡GOA (Gun Owners of America)

GOA is a gun-rights advocacy group that actively fights for Second Amendment rights in the U.S. In the video, GOA is celebrated for its recent legal victories in California and New York, where it helped challenge restrictive gun laws. GOA also provides alerts to help its members stay informed on attacks or victories related to gun rights at both federal and state levels.

💡Carry Permits

Carry permits allow individuals to legally carry a concealed firearm for self-defense. The video discusses how recent court victories have made it easier for out-of-state residents to apply for carry permits in states like New York and California, which were previously much more restrictive in granting such permits to non-residents.

💡Second Amendment

The Second Amendment to the U.S. Constitution protects the right to keep and bear arms. This concept is central to the video's theme, as the legal victories in California and New York are framed as efforts to safeguard this constitutional right against restrictive state laws. The video discusses how recent court rulings have affirmed these rights for non-residents.

💡Higg V James

Higg V James is a legal case filed by GOA challenging New York's refusal to allow out-of-state residents to apply for carry permits. Carl Higby, a former Navy SEAL and Newsmax host, is the lead plaintiff in this lawsuit. The video describes how this case is making progress and led to New York City allowing non-residents to apply for permits.

💡Bruen Decision

The New York State Rifle and Pistol Association V. Bruen is a landmark Supreme Court case that requires any Second Amendment restrictions to be justified by historical analogs from the founding era. This case is pivotal in the video, as it is used to invalidate restrictive gun laws in both New York and California, with the courts demanding historical justification for these restrictions.

💡New York City Concealed Carry Permit

This refers to the permit issued by New York City allowing individuals to carry concealed firearms. The video notes a significant recent development where New York City started allowing non-residents to apply for concealed carry permits, a notable victory for gun-rights advocates like GOA.

💡California Rifle Pistol Association V Los Angeles Sheriff's Department

This lawsuit, supported by GOA and other gun-rights organizations, challenged California's denial of carry permits to non-residents. The court ruled that California could not deny out-of-state residents the ability to apply for such permits without sufficient historical precedent. This is highlighted as a major win for gun-rights activists in the video.

💡Historical Analog

A historical analog refers to a precedent or example from history, particularly from the founding era, used to justify modern legal restrictions. In the video, the Bruen decision is cited as requiring gun laws to have a historical analog from the 18th century. California's use of 20th-century laws was deemed insufficient, leading to the rejection of their arguments.

💡Mediation

Mediation is a legal process where both parties in a dispute attempt to reach a settlement through negotiation, often with the help of a neutral mediator. In the video, it is mentioned that the case Higg V James is currently in mediation with the state of New York, meaning both sides are discussing a potential settlement regarding non-resident carry permits.

💡Self-defense

Self-defense is the primary reason gun-rights advocates push for concealed carry permits. The video highlights that the ability to carry a firearm for personal protection is a key aspect of exercising Second Amendment rights, and court rulings in both New York and California have moved closer to allowing non-residents to defend themselves in these states.

Highlights

GOA's legal team secured significant victories for gun owners in California and New York.

Court victories bring out-of-state carry permits closer to being obtainable in California and New York.

The Higg v. James case in New York challenges the state's refusal to allow out-of-state residents to apply for carry permits.

Carl Higgy, a Newsmax host and former Navy SEAL, is one of the plaintiffs in the New York case.

Other plaintiffs in the New York case include Joseph Harris and Michael V. Trouba, both Massachusetts residents.

Plaintiffs already have carry permits in their home states but are unfairly disqualified from applying in New York.

New York City recently issued an emergency rule allowing non-residents to apply for carry permits.

GOA's Eric Pratt emphasized the importance of Americans exercising their right to self-defense in New York.

GOA is closely monitoring to ensure that New York grants these permits in a timely and fair manner.

In California, the CRPA v. Los Angeles Sheriff's Department case focuses on the state denying out-of-state carry permits.

Judge Sherilyn Peace Garnett ruled that California failed to justify restricting non-residents' right to bear arms.

California’s argument, based on 20th-century laws, was rejected as failing to meet historical precedent required by the Bruen decision.

The Supreme Court’s ruling in NYSRPA v. Bruen requires gun control measures to have historical analogs from the founding era.

The court ordered California to enjoin its law within 30 days, paving the way for non-residents to apply for carry permits.

Hawaii remains the only other state that does not allow out-of-state carry permit applications.