The judge struck down much of New York’s new gun law as unconstitutional. Suddaby painstakingly put to work Thomas’ historical test to decide the fitness of New York’s gun bans in dozens of locations.
For example, a state can ban guns from a school and a playground, but not a park. What about a zoo?
Guns may be banned on a local bus, but what about a Greyhound bus? Suddaby found the answer in the age before the invention of the car.
What about conference centers or movie theaters? The judge looked to 18th century meat markets and ballrooms.
Can New York require an applicant for a gun permit to provide his social media accounts? Suddaby invoked Alexander Hamilton’s death in a famed duel with Aaron Burr in 1804 to reason that you don’t have to provide your Facebook account.
What about airports? Or movie theaters? Again, he ruled, no historical tradition from the horse-and-buggy days provided constitutional grounds to ban guns there.
December 1, 2022
Can you bring a gun to the zoo? On a bus? Syracuse judge eagerly rewrites NY firearms law
[I hope the issue of airports doesn’t drift into carrying on airplane too quickly. I think it runs the risk of backlash. Wait, maybe, five years then finish the job with right to carry on airplanes and in K-12 schools.
I think the anti-gun people are in some sort of shock and cannot believe what is happening. In support of this hypothesis, from the same article:
“The test that Bruen set up is unworkable in practice,” Charles said. “It doesn’t give clear guidelines to state officials or state legislatures. What do you need to do to pass constitutional laws? How do judges do this?”
He just doesn’t seem to get it. It is exceedingly clear. It is exactly as we have been saying for decades, “SHALL NOT BE INFRINGED!” Why is this so hard? Or is he just pretending to not understand?—Joe]