"The newly liberated citizens faced waves of terror across the South, emboldened by ordinances prohibiting them from carrying arms for self-defense." Image
"Representative Butler, who drafted the Act, explained how 'in many counties' the 'men who oppress' black citizens 'preceded their outrages ... by disarming [them], in violation of [their] right[s] as ... citizen[s] to "keep and bear arms,"...'" Image
"Today, the vast majority of states—at least 43—continue to respect the right of their citizens to carry arms for self-defense. New York is not among them." Image
"Following a sharp rise in European immigration to cities in the Northeast, states and localities began crafting ways to keep arms out of the hands of immigrants. New York was at the forefront of this new wave of discrimination..." Image
"According to the New York Times—which itself derided the purported 'affinity of "low-browed foreigners" for handguns'—'[i]n the first three years of the Sullivan Law,' a remarkable '70 percent of those arrested had Italian surnames.'" Image
"good moral character" huh Image
"Good, even impeccable, moral character plus a simple desire to exercise a fundamental right is not sufficient. Nor is living or being employed in a 'high crime area.'" Image
"For example, courts have repeatedly affirmed findings of no 'proper cause' for applicants whose jobs require them to 'carry large amounts of cash in areas "noted for criminal activity."'" ImageImage
"Courts have also upheld determinations that an applicant lacked 'proper cause' based on nothing more than 'the absence of documentation substantiating threats to petitioner personally.'" Image
"Moreover, it is common for individuals who have satisfied state officials that they are qualified to possess and carry firearms for other purposes, such as hunting and target shooting, to nonetheless be denied a license to carry a handgun for self-defense." Image
"That conclusion is compelled by the text, history, and tradition of the Second Amendment, all of which confirm that the right it secures encompasses a right to carry handguns outside the home for self-defense." Image
"Moreover, the substantial discretion afforded government officials exacerbates the constitutional difficulties and reflects the law’s origins as a mechanism to selectively disarm the people." Image
"After all, it is 'extremely improbable that the Framers understood the Second Amendment to protect little more than carrying a gun from the bedroom to the kitchen.'" Image
"Indeed, the Second Amendment would have been of little value to the freedman if it did not enshrine a right to both keep and carry arms, as the violence perpetrated against them was by no means confined to their homes." Image
"That caveat would have been nonsensical if the Second Amendment does not protect the right to carry arms outside the home at all." Image
"This Court’s opinion in Caetano v. Massachusetts likewise makes sense only on the understanding that the Second Amendment is not a homebound right." ImageImage
"This Court would not tarry long over a law that reserved First Amendment rights to those with an unusually compelling need to worship or criticize the government, or a law that reserved Fourth Amendment rights to those with an especial need for privacy." Image
"Simply put, when it comes to fundamental constitutional rights, discretion is a vice, not a virtue. Yet New York leaves it to the practically unreviewable discretion of a licensing officer to decide who may exercise the fundamental right to carry a handgun for self-defense." Image
"The prospect that the substantial discretion that New York’s Sullivan Law gives to local officials could be used to selectively disarm individuals is far from hypothetical. It is arguably the law’s raison d’etre." ImageImage
"To be clear, petitioners have not been denied licenses because they are insufficiently trained or trustworthy to carry a firearm... both Nash and Koch have been licensed to carry firearms for purposes less constitutionally and historically central than self-defense." Image
"...the Second Amendment plainly forecloses New York’s refusal to let petitioners carry handguns for self-defense just because the state is not convinced that they have demonstrated an unusual need to exercise fundamental rights guaranteed to all." Image

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More from @2Aupdates

17 Jul
Stokinger v. Armslist (MA state court): Defendant Armslist LLC's Motion for reconsideration to dismiss the case for lack of personal jurisdiction *with memorandum of law in support thereof. (w/ opposition) (1/4) ImageImageImageImage
(2/4) ImageImageImageImage
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Read 7 tweets
16 Jul
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16 Jul
A hearing is starting on a motion for preliminary injunction in this lawsuit challenging California's open carry restrictions. Amy Bellantoni is arguing for the plaintiffs. courtlistener.com/docket/1585928…
Internet connection issues!
Judge asks about standing since open carry is only totally banned in counties with more than 200,000 people, and the plaintiffs live in smaller counties.
Read 14 tweets
15 Jul
"Members of Metro’s Safety and Operations Committee took a step Thursday toward changing that policy, voting to temporarily ban people from Metro property who are arrested for sex offenses or crimes involving firearms or other dangerous weapons." washingtonpost.com/transportation…
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Read 4 tweets
15 Jul
"The Sullivan Law was passed, in good part, as an effort to disarm Italian immigrants, whom many believed were predominately responsible for violent crime in New York City in the early 20th century."
"This history is important not because the conditions that existed over a century ago are still present, but because it illustrates the ineluctable danger when the exercise of a fundamental right rests upon the discretion of a few."
"Nonetheless, the narrative that Italians were predisposed to violent crime only grew despite studies showing that the vast majority of Italian immigrants were law-abiding and no more prone to crime than the native-born." Image
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NEW: United States v. Reichberg (2nd Circuit): Second Circuit upholds convictions of Jeremy Reichberg, who (among other things), bribed an NYPD officer for the approval of gun carry licenses. dl.airtable.com/.attachments/9… ImageImageImageImage
"Reichberg argues there was insufficient evidence to support his conviction on the bribery counts because the evidence does not establish that the bribed officers took 'official action'... We disagree." Image
"For example, after Reichberg paid for Grant’s home improvements in June 2014, Grant pressured other officers to approve Reichberg’s gun license application in subsequent months."
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