We Overturned Bad Law In Both NY & CA!
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.
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