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NY town bans firearms in all town-owned buildings

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MutantMaker:
https://www.lohud.com/story/news/local/westchester/mamaroneck/2018/09/04/mamaroneck-bans-guns-government-buildings/678726002/

Came across this today.  It passed unanimously.

Is this even legal?  I know itís NY so I wonít be surprised.

Rimfire86:
The thing to remember is that Governments (local, state, and/or federal) rarely are concerned if the actions they take are "'legal".  Most governments assume that all actions that they take are legal by the idea that they are the ones who are writing the laws.  The only check on these folks is the court system.  The test of the legality of the law will only come about when someone harmed by the law files suit.  At that point the courts will determine legality.   I know that everyone knows all of the previous drivel I wrote, but here is the kicker - the government then gets the opportunity to defend their position in court at the tax payers expense.  IF the court rules in favor of the government the law stands and other localities then use that law as a model for other gun grabbing laws.  IF they lose, the government then has to pay the plantiff's legal costs as well as any damages and these are of course paid from tax payers money.  It literally costs the governments absolutely zero to try to subject their populace.

And that is what irritates me the most about these crazy laws

masfonos:
"Is this even legal?"  Why wouldn't it be?

New York State doesn't have state preemption so cities and towns can pass whatever law they please"

New York does not have a preemption statute; however, the resident licensing statute states:

ďAny license issued pursuant to this section shall be valid notwithstanding the provisions of any local law or ordinance. Ö A license to carry or possess a pistol or revolver, not otherwise limited as to place or time of possession, shall be effective throughout the state, except that the same shall not be valid within the city of New York unless a special permit granting validity is issued by the police commissioner of that city.Ē

https://www.gunlawsbystate.com/law/states/new-york-gun-laws/

The Gun Laws by State website also points out that NY doesn't have RKBA in their state constitution but it's codified in state Civil Rights Law CVR Article 2 Section 4: "A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms cannot be infringed."  That's rich! https://codes.findlaw.com/ny/civil-rights-law/cvr-sect-4.html



--- Quote from: Rimfire86 on September 07, 2018, 08:11:25 PM ---...Most governments assume that all actions that they take are legal by the idea that they are the ones who are writing the laws.  The only check on these folks is the court system...

...IF the court rules in favor of the government the law stands and other localities then use that law as a model for other gun grabbing laws...

--- End quote ---

Great points and spot on. You posted that you're from Kentucky - I'm not sure what part, but that's exactly what a lot of the small towns (and even the bigger, bluer cities in the state do) and they get away with it until someone calls them out on it. Often, even after they get called out, they continue on unless and until someone like KC3 gets involved to push the issue.

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