Explore The NRA Universe Of Websites

APPEARS IN News

Buffaloed in New York: A Right Treated as a Privilege Makes an Easy Target for Revocation

Sunday, February 1, 2015

Buffaloed in New York: A Right Treated as a Privilege Makes an Easy Target for Revocation

During a press conference in November, Police Commissioner Daniel Derrenda of Buffalo, N.Y., announced that his department had “started a program where … we’re cross-referencing all the pistol permit holders with the death records … and … sending people out to collect the guns whenever possible.” He seemed haunted by the idea of handguns unattached to living licensees and spoke of them almost as if they were unsupervised, easily corruptible orphans: “At times, they lay out there, and the family is not aware of them … and they end up … just out on the street.”

The plan rightly enraged many as being overbearing. Fortunately, in the weeks since the announcement was made, we haven’t heard of any grieving survivors whose doors have been kicked down by police looking for their departed loved ones’ handguns.

Whatever the Buffalo PD may have in mind with this particular operation, it illustrates what can happen when the most basic and well-established of Second Amendment-protected rights—having a handgun in the home for self-protection—is subject to licensing and registration. While questions remain about if and how the plan will proceed, Commissioner Derrenda’s comments illustrate some of the assumptions that underlie the licensing and registration of firearms. All of them are incompatible with the idea of the Second Amendment as protecting a fundamental individual right that, as theHeller court wrote, “necessarily takes certain policy choices off the table.”

Before Heller, New York courts justified the state’s strict gun control laws by denying that the Second Amendment protected any sort of individual right. For example, a 2004 opinion by a three-judge panel of the Second Circuit that included Sonia Sotomayor—later nominated by President Obama to the U.S. Supreme Court—dismissed the appellant’s Second Amendment claim in a footnote. According to the appellant, merely being seen with a handgun could not be considered automatic evidence of criminality, and New York law to the contrary violated the Second Amendment. The court cited earlier Second Circuit precedent that stated, “The right to possess a gun is clearly not a fundamental right.” Of course, that precedent has been since been overruled by Heller and McDonald. Yet much of New York’s gun control regime has not only survived those decisions; rather, it has become even stricter in recent years.

Legal possession of a handgun in New York, even in one’s own home, requires a license. An applicant must demonstrate “good moral character” to the issuing official. Assuming that condition is met, the license can still be denied for “good cause,” whatever that might mean to the person who issues the license. New York courts have repeatedly ruled that these provisions give licensing officers discretion to expand upon the statutorily enumerated disqualifiers, even after Heller and McDonald.

Incredibly, a 2011 case from the Appellate Division of the New York Supreme Court, decided nearly a year after the U.S. Supreme Court in McDonald ruled that possession of a handgun is a fundamental right, stated, “Possession of a handgun license is a privilege, not a right. …” As such, in New York, “it is subject to the broad discretion of the Police Commissioner.” Thus, for example, while certain misdemeanor convictions are automatic disqualifiers, a person can also be denied merely for having been accused of a crime, even if the complaint was ultimately dismissed or resolved in that person’s favor. So much for being innocent until proven guilty.

The U.S. Supreme Court’s clear decision that possessing a handgun is a fundamental right the state must respect, rather than merely a reward for what a local bureaucrat considers good behavior, is being massively resisted by the state of New York. It completely defies Heller’s pronouncement that the “very enumeration of the right takes out of the hands of government … the power to decide on a case-by-case basis whether the right is really worth insisting upon.”

No wonder, then, that Commissioner Derrenda presumes that any possession of a handgun that has not first received some official blessing is a problem to be solved, not the innocent exercise of an inalienable right. Those who insist that the exercise of rights can proceed only by permission—like the advocates of universal background checks—do so on the same basic assumptions. Where such measures are the law of the land, “collection” activities like the one announced in Buffalo should come as no surprise.

IN THIS ARTICLE
Chris W. Cox
TRENDING NOW
Federal District Court Strikes Down IL’s “Assault Weapon” and “Large-Capacity Magazine” Bans in NRA-Supported Case

Saturday, November 9, 2024

Federal District Court Strikes Down IL’s “Assault Weapon” and “Large-Capacity Magazine” Bans in NRA-Supported Case

Today, the U.S. District Court for the Southern District of Illinois struck down provisions of the Protect Illinois Communities Act (PICA) that prohibit “assault weapons” and “large-capacity magazines” in an NRA-supported case, Barnett v. Raoul.

Kamala for Gun Confiscation: In Her Own Words

News  

Monday, September 16, 2024

Kamala for Gun Confiscation: In Her Own Words

During the September 10 presidential debate, President Donald Trump correctly highlighted Democratic presidential nominee Kamala Harris’s support for gun confiscation. A visibly defensive Harris claimed, “We're not taking anybody's guns away. So stop with the ...

As-Applied Challenge to Illinois Ban on Licensees’ Carrying on Public Transit Succeeds; Court Rejects “Breathtaking, Jawdropping, and Eyepopping” Arguments

News  

Tuesday, September 10, 2024

As-Applied Challenge to Illinois Ban on Licensees’ Carrying on Public Transit Succeeds; Court Rejects “Breathtaking, Jawdropping, and Eyepopping” Arguments

Long before the United States Supreme Court ruling in New York State Rifle & Pistol Ass’n, Inc. v. Bruen (2022), a federal appellate court relied on the right to bear arms for self-defense to invalidate an Illinois law that ...

Michigan: House of Representatives to Take Important Vote on Anti-Gun Bills

Tuesday, November 12, 2024

Michigan: House of Representatives to Take Important Vote on Anti-Gun Bills

Tomorrow, the Michigan House of Representatives is expected to vote on two packages of anti-gun bills. Use the take action button below to contact your Representative and urge them to oppose these anti-gun bills!  

Michigan: Senate Committee to Vote on Expanding Gun-Free Zones

Tuesday, November 12, 2024

Michigan: Senate Committee to Vote on Expanding Gun-Free Zones

Tomorrow, the Senate Committee on Civil Rights, Judiciary, and Public Safety will take up SB 857 and SB 858. These bills would dramatically expand “gun-free zones” in the state and drastically limit where those with a concealed pistol ...

NRA Files Official Protest to Bears Ears Shooting Closure

News  

Monday, November 4, 2024

NRA Files Official Protest to Bears Ears Shooting Closure

On Friday, NRA-ILA and other sportsmen’s groups filed a formal protest against the Biden-Harris administration’s plan to close recreational shooting access to 1.3 million acres in the Bears Ears National Monument in Utah.

Kamala Harris’ Record on Gun Control and Second Amendment

News  

Thursday, October 3, 2024

Kamala Harris’ Record on Gun Control and Second Amendment

Vice President Kamala Harris has consistently campaigned for draconian gun control laws, which severely limit the rights of lawful gun owners.

Kamala Harris’s 2020 Running Mate Calls Trump Supporters “Garbage”

News  

Monday, November 4, 2024

Kamala Harris’s 2020 Running Mate Calls Trump Supporters “Garbage”

America hasn’t heard much from Joe Biden recently. You remember … Joe Biden?

Tim Walz Hunts for Voters in Outdoor Photo Op

News  

Monday, October 21, 2024

Tim Walz Hunts for Voters in Outdoor Photo Op

History shows, when anti-gun politicians take to the field, gun owners have good reason to be concerned.

California: Governor Newsom Signs Multiple Anti-Gun Bills into Law

Friday, September 27, 2024

California: Governor Newsom Signs Multiple Anti-Gun Bills into Law

On September 24th, Governor Newsom continued his crusade to erode Second Amendment rights in California by signing several anti-gun bills into law. NRA actively opposed these bills throughout the session and will continue to fight ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.