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NY STATE SUPREME CT INCORPORATES 2nd AMENDMENT

 
 
Reply Fri 22 May, 2009 11:25 pm
SUPREME COURT OF THE STATE OF NEW YORK
INCORPORATES THE 2nd AMENDMENT to CURTAIL THE POWER OF NY STATE.

LET FREEDOM RING

In the case of JOSEPH L. COLAIACOVO v. Richard DORMER,
as the statutorily designated handgun licensing officer,
and as the Police Commissioner of the County of Suffolk,
the Court held the following, inter alia:

"The Petitioner was possessed of a pistol permit with a sportsman
endorsement that was issued on June 7, 2005 and was not due
to expire until June 1, 2010. On March 7, 2008 the Respondent
revoked the Petitioner’s pistol permit altogether based upon
circumstances surrounding the death of Petitioner’s wife which
was found to be a suicide. Apparently, the Respondent determined
that the Petitioner’s failure to keep his weapon in a locked safe or
otherwise inoperable was an unspecified rule violation. Respondent
terminated the Petitioner’s license to possess a weapon predicated
upon this alleged failure.

Thereafter, the Respondent modified this determination so as to
permit the Petitioner to possess a pistol in his dwelling,
but without the sportsman endorsement, which would
allow him to possess the pistol outside the home.

"The Supreme Court of the United States rendered its determination
in District of Columbia v. Heller on June 26, 2008 ___US ___,
128 S.Ct. 2783. In HELLER the Court held that there is a personal
right to bear arms that is protected by the 2nd Amendment to the
Constitution.
The Court further held that requirements that a handgun
be rendered inoperable, or locked in such a manner so that it is not
immediately accessible when possessed in the owner’s dwelling also
transgresses upon this right to bear arms, because the 2nd Amendment
recognizes that the right to bear arms includes a corollary right to self defense.


. . . In view of HELLER there is a question as to whether the Petitioner’s
conduct relative to properly safeguarding his handgun was within the
bounds of his constitutionally protected 2nd Amendment rights.
If the Petitioner acted in a manner consistent with his existing constitutional
rights relative to the care and safeguarding of his pistol, the State of
New York may not diminish such other rights
as he may otherwise possess
or have been previously granted solely on the basis that some provision of
State law or rule dictates that he behave differently in derogation of his
2nd Amendment rights. Simply put, the State of New York and its agencies
are no longer in a position to require that a handgun be stored in an
inoperable condition or otherwise locked up if it is otherwise legally present
in the owner’s dwelling.


Footnote:
. . . The Court in HELLER did not create a new right,
it only interpreted the 2nd Amendment to the Constitution and
the rights it recognized at the time it was ratified by the States.
It can be said that the HELLER decision did, for the first time,
make a clear statement of each citizen’s 2nd Amendment rights. . . .

This shall constitute the decision and order of the court."

[All emphasis is added by David]

So far as I am aware, this holding has not been appealed.
The case was remanded for the Police Dept. to inquire into
the facts to see whether Petitioner COLAIACOVO
went beyond his 2nd Amendment rights as set forth by the USSC in HELLER.

Hence, the US 9th Circuit Court of Appeals is not alone
in holding that the 2nd Amendment has been incorporated
to apply against the powers of the State governments
and in favor of each citizen 's personal freedom of self defense.

This reminds me of the collapse of communism,
when we saw it crumbling, and picking up momentum
on the way down into the cesspool of history.





David
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Type: Discussion • Score: 3 • Views: 1,633 • Replies: 5
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roger
 
  1  
Reply Sat 23 May, 2009 12:00 am
@OmSigDAVID,
In New York State? Wow.
0 Replies
 
MontereyJack
 
  1  
Reply Sat 23 May, 2009 01:57 am
So his wife uses his unlocked gun to commit suicide and all he can think about is getting his goddamned gun back. You're all sick.
roger
 
  1  
Reply Sat 23 May, 2009 02:07 am
@MontereyJack,
Okay, you're against suicide. We have different points of view. Still, that doesn't mean you are sick, at least in my opinion.
OmSigDAVID
 
  1  
Reply Sat 23 May, 2009 02:11 am
@roger,
roger wrote:

Okay, you're against suicide. We have different points of view.
Still, that doesn't mean you are sick, at least in my opinion.

Naa, he 's not sick; he 's just a sore loser
because he hates personal freedom.
0 Replies
 
OmSigDAVID
 
  1  
Reply Sat 23 May, 2009 02:36 am

Both of these victories for personal freedom were unexpected
in the 9th Circuit (in the West) and in NY. We have our appeal of our case
against Chicago pending in the 7th Circuit Ct. of Appeals,
which we have been expecting to lose and then present that
appeal to the USSC to get nationwide incorporation of the 2nd Amendment.
I still hope that we lose in the 7th Circuit, but now I 'm not so sure that we will.
We expected energetic resistance from collectivist authoritarians,
but now we are seeing white flags all over the place.





David

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