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

Published on October 25, 2024
Duration: 8:48

This entry details a federal court's ruling against New York's 'Vampire Rule,' which restricted firearm carry on private property open to the public. Constitutional attorney Mark W. Smith explains the rule's background, its impact on gun owners, and the legal challenges it faces, citing Judge John Sinatra's unconstitutional ruling and the 2nd Circuit's affirmation.

Quick Summary

New York's 'Vampire Rule,' which presumed a prohibition on carrying firearms on private property open to the public, has been ruled unconstitutional by Federal District Judge John Sinatra and affirmed by the 2nd Circuit Court of Appeals. This ruling challenges a law that effectively restricted carry on 91% of the state's private land.

Chapters

  1. 00:00New York Appeals Carry Ruling
  2. 00:37Host Background and Credentials
  3. 00:54Post-Bruen Gun Control in NY
  4. 01:25The Vampire Rule Defined
  5. 02:43Origin of the Vampire Rule Label
  6. 04:03Court Rulings Against the Rule
  7. 06:05Impact on NY Gun Owners

Frequently Asked Questions

What is New York's 'Vampire Rule'?

New York's 'Vampire Rule' is a gun control measure that presumes a prohibition on carrying firearms on private property open to the public. It requires express permission from the property owner to carry, drawing an analogy to folklore where vampires cannot enter without invitation.

Which federal court ruled against New York's 'Vampire Rule'?

Federal District Judge John Sinatra ruled the 'Vampire Rule' provision unconstitutional. Subsequently, the 2nd Circuit Court of Appeals affirmed this decision in the Antonyuk case, stating there's no historical tradition for such a default ban.

How does the 'Vampire Rule' impact gun owners in New York?

Given that 91% of New York's land is privately owned, the 'Vampire Rule' significantly restricts lawful firearm carry across the vast majority of the state, beyond specific 'sensitive places' bans.

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

Mark W. Smith, host of The Four Boxes Diner, is a constitutional attorney and a member of the US Supreme Court bar. He is also the author of several books on the Second Amendment, lending expert authority to his legal analysis.

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