New York's Gun Laws Violate The Constitution, Discriminate Against The Middle Class And Poor, And Are Inherently Racist
The brief is in two parts. The first contains the legal arguments, the second contains six examples. Thanks to Cam Edwards for calling the to all of our attention. The brief can be downloaded from the SCOTUS website.
Quotes from brief are in italics.
I. New York’s licensing regime criminalizes the exercise of the Second Amendment right to keep and bear arms
(Selected quotes follow)
New York and NYC laws violate the 2nd Amendment:
'The incorporated Second Amendment affords the people “the right to keep and bear arms.” [McDonald (2010); Heller (2008)] Despite the clear text and this Court's precedent, New York's licensing regime does the opposite. It deprives everyone of that right, only returning it to those select few who manage to first secure a firearm license from the police.'
The same laws make it impossible for poor and middle class citizens to exercise their 2A rights:
"It is a defense to a pure possession charge if one has a firearm license, but securing such a license is no easy feat—especially for those who are indigent. For example, the New York City Police Department (“NYPD”) maintains control of firearm licensing in New York City. It requires that applicants submit over $400 in fees, pricing out indigent people, like those living in the most impoverished Congressional district in the country, which is in the Bronx."
New York and NYC gun laws are rooted in racism and continue to be racist:
'New York’s firearm licensing requirement originated with the 1911 Sullivan Law. That law made it unlawful to possess any firearm, anywhere, without a license, and gave local police broad discretion to decide who could obtain one. The bill was one of the “early Northern controls” that was passed in response to post-Reconstruction “concerns about organized labor, the huge number of immigrants, and race riots in which some blacks defended themselves with firearms.” It also responded to years of hysteria over violence that the media and the establishment attributed to racial and ethnic minorities—particularly Black people and Italian immigrants.'
"Throughout the twentieth century, racial fear continued to drive New York’s firearm regulation scheme, which consciously excluded people of color in continued violation of the Fourteenth Amendment. This was particularly glaring in the wake of movements calling for racial equality and Black liberation in the 1960s, when New York concurrently implemented increasingly restrictive firearm policies."
'New York City also aggressively sends its police onto the streets with a strict directive: take firearms away from minority men and deter them from carrying. As former Mayor Michael Bloomberg explained when justifying the practice:
"95% of your murders, murderers and murder victims, fit one M.O. You can just take the description and Xerox it and pass it out to all the cops. They are male minorities 15 to 25...The way you should get the guns out of the kids’ hands is throw them against the wall and frisk them."'
The second section is summed up well in quotes from the table of contents:
II. Our clients are prosecuted for exercising their Second Amendment rights
a. Our clients are prosecuted for exercising their Second Amendment rights outside of the home
Ms. Jasmine Phillips, a Texan who lawfully owned a gun there, was
prosecuted for unlicensed possession while visiting family in New York
Mr. Benjamin Prosser was prosecuted for carrying a gun for self-defense after he was the victim of multiple violent stranger assaults and street robberies
Mr. Sam Little, who had survived a face slashing and lost multiple friends to gun violence, was prosecuted after carrying a gun to defend himself and his young son
b. Our clients are prosecuted for exercising their Second Amendment rights at home, despite Heller and McDonald
Ms. Sophia Johnson, a survivor of domestic violence and sexual assault, was prosecuted for possessing a firearm in her home
Mr. Gary Smith was prosecuted for possessing a “loaded gun” in his home because he had a gun and ammunition under his bed
Mr. Andre Thomas was charged with possessing his roommate’s
gun after police found it in their shared kitchen
Signed by:
Avinash Nitin Samarth, Counsel of Record
Meghna Philip
Neighborhood Defender Service of Harlem
Zamir Ben-Dan, Izel Fortunato, Julia Jenkins
The Black Attorneys of Legal Aid
The Bronx Defenders
Lisa Schreibersdorf
Brooklyn Defender Services
Thomas Soucia
Franklin County Public Defender
Timothy P. Donaher
Monroe County Public Defender
Leland McCormac
Oneida County Public Defender - Criminal Division
Leanne Lapp
Ontario County Public Defender
Carrie W. Bleakley
Ontario County Office of the Conflict Defender
James M. McGahan
St. Lawrence Public Defender's Office
Andrew D. Correia
Wayne County Public Defender
Rev. R. Vincent Warde
7-27-2021
