she violated the recently passed city law that prohibits civilians from bringing firearms to protests, the police said
At no point in time was anyone menaced or injured as a result of her possessing the firearm
Unless she was threatening someone (the article specifically claims she wasn’t), she will be acquitted. One does not have just one right at a time, one has all their rights all the time.
Bringing a gun to a protest is the crime, so there’s no question she’s guilty, but I expect the whole point is to challenge it to the Supreme Court and get it struck down.
It’ll definitely get struck down if it makes it that far. You have a right to protest, and you have a right to carry a firearm. They can’t state that you don’t have some of your rights when exercising other rights.
Edit: this is assuming you can even carry a firearm in NYC, which seems unlikely. I know that when I visited, I checked if I could carry my pocketknife and the answer was no, which seems really fucking lame to someone who has carried a pocket knife his entire life.
“The constitutional right to bear arms in public for self-defense is not ‘a second-class right, subject to an entirely different body of rules than the other Bill of Rights guarantees.’ We know of no other constitutional right that an individual may exercise only after demonstrating to government officers some special need.”[28]
Unless she was threatening someone (the article specifically claims she wasn’t), she will be acquitted. One does not have just one right at a time, one has all their rights all the time.
Bringing a gun to a protest is the crime, so there’s no question she’s guilty, but I expect the whole point is to challenge it to the Supreme Court and get it struck down.
It’ll definitely get struck down if it makes it that far. You have a right to protest, and you have a right to carry a firearm. They can’t state that you don’t have some of your rights when exercising other rights.
Edit: this is assuming you can even carry a firearm in NYC, which seems unlikely. I know that when I visited, I checked if I could carry my pocketknife and the answer was no, which seems really fucking lame to someone who has carried a pocket knife his entire life.
She did have a concealed carry permit and the Supremes just struck down their “May issue” rules and converted them to a “Shall issue” state.
https://en.m.wikipedia.org/wiki/New_York_State_Rifle_%26_Pistol_Association,_Inc._v._Bruen
“The constitutional right to bear arms in public for self-defense is not ‘a second-class right, subject to an entirely different body of rules than the other Bill of Rights guarantees.’ We know of no other constitutional right that an individual may exercise only after demonstrating to government officers some special need.”[28]
Sweet!
Can you even own and walk around with a concealed weapon in NYC? I thought that was illegal in itself
NYC used to (functionally) ban carry. Such broad restrictions were struck down last year in Bruen.
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