by Ted Noel
Every so often a problem child does something wrong just to get punished. Maybe it’s testing the limits to see where the boundaries are. But in the case of New York State, it appears to be much more malignant. Space prohibits an exhaustive review, but it’s quite certain that New York’s new gun law is an in-your-face, single-finger salute to the Supreme Court in response to the Bruen decision. It’s likely to get all the respect a parent should give to that misbehaving offspring.
SCOTUS said that NY was not allowed to demand “good cause” to get a permit. So, NY wrote the law to demand “good moral character,” instead. This new phrase is nothing more than a placeholder for “good cause” because the law says it means “having the essential character, temperament and judgment necessary to be entrusted with a weapon and to use it only in a manner that does not endanger oneself or others.” In other words, good cause.
The Constitution does not allow such a restriction. You are either a prohibited person (such as a convicted felon) or not. This new definition in NY law is the very definition of “arbitrary and capricious” in practice. It sounds neutral, but just as with “good cause,” if the reviewing officer doesn’t like you, your application is toast…
Going to get Rule elevened, whoever represents NY, or NY itself, because SCOTUS has already said once NY is not allowed to demand “good cause” to get a permit. So, NY wrote the law to demand “good moral character,” instead. This new phrase is nothing more than a placeholder for “good cause” because the law says it means “having the essential character, temperament and judgment necessary to be entrusted with a weapon and to use it only in a manner that does not endanger oneself or others.” In other words, good cause, as Ted Noel said in his NY begging to get slapped down article.