Federal Judge Delivers Blow to Democrats. A federal judge in the Southern District of New York has ruled that a gun ban in New York City is unconstitutional, dealing a blow to Democrats pushing for stricter gun control.
The case involved a Brooklyn resident, Joseph Srour, whose applications to possess firearms in his home were denied based on city regulations.
The judge determined that the regulations granting broad discretion to licensing officials were not in line with historical traditions of firearm regulation and violated the Second Amendment.
“The reasons cited for the denial were Sections 3-03 and 5-10 of Title 38 of the Rules of the City of New York (RCNY),” the report found.
“The License Division’s Appeals Unit pointed to Srour’s prior arrests, his driving history, and allegations of false statements on his applications as the primary reasons for the denial.”
Judge John P. Cronan, who presided over the case, said the Second Amendment explicitly safeguards “the right of the people to keep and bear Arms.”
“The court took umbrage with the provisions that permitted the denial of a firearm permit based on a City official’s subjective determination of the applicant’s ‘good moral character’ or if the official found ‘other good cause,’” the report added.
“These standards, as per the court’s findings, were overly broad and lacked restraint, with no historical foundation in the country to support them.”
The ruling has broader implications for gun rights and regulations.
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