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.
Outlines
🎉 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.
🔫 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)
💡Carry Permits
💡Second Amendment
💡Higg V James
💡Bruen Decision
💡New York City Concealed Carry Permit
💡California Rifle Pistol Association V Los Angeles Sheriff's Department
💡Historical Analog
💡Mediation
💡Self-defense
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.
Transcripts
gun owners who want to carry in
California and New York have something
to celebrate recently goa's legal team
won some huge victories in both of these
anti-gun States and today we're going to
talk about those wins and how they
affect you and the future of gun rights
down the road I'm Phil and you're
watching Law on ammo
but before we get into the video I want
to take a second to let all of you know
about goa's alerts our alerts help you
keep up to dat with all of the latest
victories or attacks on your right to
keep and bear arms on both the federal
and state level signing up for goa's
alerts will help you hold your elected
representatives accountable to your
rights and the Constitution and so sign
up today with a link in the description
or visit gunowners.org and now back to
the video so gun owners around the
country who want to carry in both New
York and California have something to
celebrate as outof state Carry Permits
just became much closer to obtainable
thanks to some Court victories and moves
by local governments as you may have
already guessed there are two different
lawsuits here Higg BV James is goa's New
York case and California rifle Pistol
Association V Los Angeles sheriff's
department is our case in the Golden
State first let's talk about the New
York case Higg V James so the
aforementioned higgy in Higg V James
refers to none other than Carl higgy
host of a Prime Time news show on the
Newsmax network higgy is also a former
US Navy SEAL currently New York doesn't
allow out of-state residents to apply
for Carry Permits Higby who lives in
Connecticut wanted to apply but at the
time there wasn't even a process for him
to do so to other individuals are also
included in the suit Joseph Harris and
Michael V trouba both residents of
Massachusetts vat trouba owns a property
in birkshire County Massachusetts his
property borders New York State and if
he was carrying and unknowingly walked
into New York he could by no fault of
his own become a felon and because New
York doesn't allow him to apply for a
permit there's currently no way for him
to make sure that doesn't become a
reality all three plaintiffs currently
possess licenses to carry firearms in
their home state but New York unfairly
disqualifies them for no reason other
than arbitrary Firearms restrictions set
in place by anti-gun politicians so we
filed the lawsuit on February 5th 2024
in federal court specifically the US
District Court for the Northern District
of New York we were assigned judge May
Aila deino an Obama appointe and
currently the Cas is proceeding and we
most recently went into mediation with
the state but we haven't settled that
case yet however and very interestingly
New York City just recently issued an
emergency rule allowing non-residents to
apply for Carry Permits that's kind of
interesting timing now you can get a New
York Concealed Carry Permit and carry a
firearm for self-defense in New York
City and nobody had that on their bingo
card but I'm sure glad we filed our
lawsuit anyway here's what Eric Pratt
senior vice president of Goa had to say
this is great news for the untold
millions of Americans who either work or
visit New York every year it's critical
that everyone can exercise their
inherent right to self-defense but until
now anti-gunners in New York denied most
Americans that basic right we will
continue to monitor local cases to
ensure that the NYPD indeed grants these
permits to applicants in a timely and
non-owner manner otherwise we will
gladly file another lawsuit directed
specifically at mayor Adams and the NYPD
while currently New York State doesn't
allow for non-residents to apply for
Carry Permits New York City does New
York City has a separate permitting
system from the state but it seems like
the city saw which way the wind is
blowing in this case we'll see what
happens but we're hopeful that New York
State realizes the error of their
anti-gun ways very soon moving on let's
check in on what's happening on the
other side of the country Goa go and gun
owners of California teamed up with the
California rifle Pistol Association and
the Second Amendment Foundation to file
a lawsuit in the US District Court for
the central district of California so we
are all plaintiffs in the suit crpa V
Los Angeles sheriff's department and
attorney general Rob B in a similar
situation to New York California flat
out denies anyone out of state the
ability to apply for a California carry
permit well that is until now the judge
in that case Cheryl and peace Garnett
wrote that the state failed to
demonstrate why they infringe on the
right to bear arms for non-residents
visiting California the state argued
that there were historical analogues for
denying out of-state permits under the
breu decision basing that argument on
laws from other states although the laws
cited were from the 20th century the
judge disagreed with the state's
assessment saying the state has not
carried its burden at this stage to show
that the limitation of CCW licenses to
California residents is part of a
historical tradition of this nation but
why is that important well for those who
don't know the recent Supreme Court
decision New York State Rifle and Pistol
Association V bruan requires that all
Second Amendment restrictions show a his
hisorical analog and that they comply
with the text of the Second Amendment
otherwise they're deemed
unconstitutional so California decided
to use examples for State restrictions
during the 20th century the problem with
that is that bruan requires a historical
tradition from the founding era of the
nation later gun controls that were
enacted but not challenged from the
Civil War era to the modern era don't
automatically count because they were
actually just infringements it's really
cool to see the Bruin decision in action
and working to dismantle gun control now
the next step here is to enjoin the law
which was ordered to happen within 30
days right now plaintiffs are meeting
with the state to submit a proposed
order in joining the law so it looks
like outof State permit denials are
becoming a thing of the past currently
the only other state that doesn't allow
out of state carry permit applications
is Hawaii hopefully this decision will
help cases over turn that as well we're
of course going to continue fighting in
New York state until they relent like
the city did and change their rules and
as always Goa will continue to fight for
your right to carry a firearm Nationwide
I'm Phil with law and ammo thanks for
watching
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