In an act of breathtaking defiance and spitefulness not seen since Southern states engaged in “massive resistance” to the Supreme Court’s 1954 Brown v. Board decision, the New York State Legislature gave a middle finger to the Supreme Court and voted Friday to effectively nullify the Court’s decision last week in New York State Rifle and Pistol Association v. Bruen.
After an extraordinary session for the explicit purpose of defying the Court, Senate Bill S51001 was rammed through on a party-line vote by the Democratic supermajority, passed the Assembly, and received the signature of Gov. Kathleen Hochul.
Writing for the majority in Bruen, Justice Clarence Thomas struck down New York’s century-old requirement that an applicant for a handgun carry permit demonstrate a “special need” if he wanted to carry for self-defense. New York’s licensing process was entirely discretionary and arbitrary, and in many jurisdictions, licensing officers simply refused to issue permits for self-defense. This was particularly true in New York City, where applicants were routinely and summarily rejected unless they were politically connected or celebrities — such as Howard Stern, Donald Trump, and Don Imus. In other jurisdictions, licensing officers simply invented acceptable reasons on a whim, often issuing handgun licenses for “hunting and target shooting” only, if at all. (In one rural upstate county, a former judge who had authority as a licensing officer invented a requirement that he would not allow any permit-holder to have more than five handguns without appearing before him personally and giving a “good reason.”)
Once this gets back to SCOTUS, and it will, whoever represents spiteful NY is going to face Rule 137(b) sanctions is my prognostication.
correction Rule 11 https://scholarship.law.stjohns.edu/cgi/viewcontent.cgi?article=1594&context=jcred