Still Free

Yeah, Mr. Smiley. Made it through the entire Trump presidency without being enslaved. Imagine that.

Saturday, July 02, 2022

A Proposal For NY's New Gun Law

So NY State passed legislation that designated just about the entire city as a "special zone" in line with the recent ruling by SCOTUS. I have little argument with NY because it was and is SCOTUS's fault for not understanding the meaning of the term "shall not be infringed". Had they understood that then they would understand that they needed to say that an amendment to the US Constitution would be necessary for any infringement. Instead they recognize this "state interest" and "special conditions" that Scalia wrongfully wrote about.

That said, I have a proposal that could bridge the gap between the continued infringement of The Second and those who wish to exercise their right. I take this from the recent suit against gun manufacturer over the use of an AR in Sandy Hook as well as a proposal in California that gun owners purchase insurance.

Quite simply, a federal law should be passed that allows anyone who is a victim of a crime in any location with a gun ban of any kind that the victim had to comply with in order to go about their legal business, to sue said municipality. So, looking at NYS. If you are walking in a park where your firearm (or other non-firearm weapon) is prohibited by law and you are accosted and robbed, assaulted or survive an attempted murder, the state of NY is legally on the hook since it abridged your right to bear arms and rendered you defenseless. 

Now they cannot be held criminally liable as that falls on the assailant. However; since they abridged your right to bear arms, your civil rights have been violated and resulted in damages and thus the state should be liable.  Furthermore if the city has laws that are more restrictive than the state ones then they would also be liable.

Of course given the high levels of crime in NYC (and other NYS cities) the legal costs would make the legislatures reconsider their laws.

It's not like Hochul and the rest don't know that criminals won't pay a second of attention to these laws. They are not meant to curb crime. It is meant to make sure the only people with guns are state agents. 

Why?

You figure it out.