Interesting take on the application of law, in the face of that clown Letitia James.
news.yahoo.com
The Supreme Court's 2022 decision in New York State Rifle & Pistol Association v. Bruen found that a central part of New York's licensing process, requiring a special need to obtain a concealed-carry permit, violated the Second Amendment. Because of this, Rivera reasoned, New York can no longer presume that everyone who possesses an unlicensed firearm intends to use it illegally.
"Given the Bruen majority’s holding... the statutory presumption is unconstitutional on its face as it requires the jury to assume a defendant intends an unlawful use of a weapon merely because they possess the weapon in public," Rivera wrote.
Though she was the sole judge to call, explicitly, for the demise of a key gun law on constitutional grounds, Rivera's dissent may be a harbinger for things to come as courts across the country re-evaluate the legality of all manner of gun restrictions in the wake of Bruen.
"We’re going to see challenges to New York's gun laws start filtering through the court system," commented Peter Tilem, an attorney who regularly practices in Second Amendment law.
Already, federal judges have called into question various aspects of New York's gun laws, including restrictions on concealed-carry in houses of worship and the requirement that applicants possess a good moral character.
Tuesday's opinion from Rivera suggests a similar level of skepticism from within New York's top bench.
Stalwart liberal on New York's top court says she would strike down gun law
Judge Jenny Rivera's dissenting opinion could be a harbinger for things to come after a landmark U.S. Supreme Court decision on guns in 2022.
The Supreme Court's 2022 decision in New York State Rifle & Pistol Association v. Bruen found that a central part of New York's licensing process, requiring a special need to obtain a concealed-carry permit, violated the Second Amendment. Because of this, Rivera reasoned, New York can no longer presume that everyone who possesses an unlicensed firearm intends to use it illegally.
"Given the Bruen majority’s holding... the statutory presumption is unconstitutional on its face as it requires the jury to assume a defendant intends an unlawful use of a weapon merely because they possess the weapon in public," Rivera wrote.
Though she was the sole judge to call, explicitly, for the demise of a key gun law on constitutional grounds, Rivera's dissent may be a harbinger for things to come as courts across the country re-evaluate the legality of all manner of gun restrictions in the wake of Bruen.
"We’re going to see challenges to New York's gun laws start filtering through the court system," commented Peter Tilem, an attorney who regularly practices in Second Amendment law.
Already, federal judges have called into question various aspects of New York's gun laws, including restrictions on concealed-carry in houses of worship and the requirement that applicants possess a good moral character.
Tuesday's opinion from Rivera suggests a similar level of skepticism from within New York's top bench.