2A WIN: FEDERAL COURT PUTS A STAKE THROUGH HEART OF NY VAMPIRE RULE…..

Published on October 25, 2024
Duration: 8:48

A federal court has ruled against New York's 'Vampire Rule,' which presumed a prohibition on carrying firearms on private property open to the public without explicit permission. This rule, enacted post-Bruen, was deemed unconstitutional by Federal District Judge John Sinatra and affirmed by the 2nd Circuit Court of Appeals. Constitutional attorney Mark W. Smith, host of The Four Boxes Diner, explains the implications of this ruling for gun owners in New York, where 91% of land is privately owned.

Quick Summary

New York's 'Vampire Rule,' which presumed a prohibition on carrying firearms on private property open to the public without explicit permission, has been ruled unconstitutional. Federal District Judge John Sinatra and the 2nd Circuit Court of Appeals found no historical basis for such a default ban, impacting carry rights on 91% of privately owned land in the state.

Chapters

  1. 00:00NY Appeals Carry Ruling: 'Vampire Rule' Challenge
  2. 00:37Host Mark W. Smith: Constitutional Attorney & Author
  3. 00:54Post-Bruen Gun Control in New York
  4. 01:25Defining the 'Vampire Rule'
  5. 02:43Origin of the 'Vampire Rule' Name
  6. 04:03Court Rulings Against the 'Vampire Rule'
  7. 06:05Impact on New York Gun Owners

Frequently Asked Questions

What was New York's 'Vampire Rule'?

New York's 'Vampire Rule' was a provision that presumed a prohibition on carrying firearms on private property open to the public, such as convenience stores, unless the owner explicitly granted permission. This rule was enacted after the SCOTUS Bruen decision.

Has the 'Vampire Rule' been ruled unconstitutional?

Yes, Federal District Judge John Sinatra ruled the 'Vampire Rule' unconstitutional. The 2nd Circuit Court of Appeals later affirmed this decision, stating there is no historical tradition supporting such a default ban on private property carry.

What is the significance of the 'Vampire Rule' ruling for New York gun owners?

The ruling is significant because 91% of New York's land is privately owned. The 'Vampire Rule' had effectively prohibited lawful carry in most of the state, and its unconstitutionality restores carry rights on much of this private property.

Who is Mark W. Smith, and what are his credentials?

Mark W. Smith, host of The Four Boxes Diner, is a constitutional attorney, a member of the US Supreme Court bar, and the author of several books on the Second Amendment. His expertise lends significant authority to discussions on firearm law and rights.

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