New York's Attack TODAY on Gun Rights is Unconstitutional and Wrong

Published on July 2, 2022
Duration: 14:38

This video analyzes New York's recent legislation impacting concealed carry rights, arguing it's an unconstitutional attempt to circumvent the Supreme Court's Bruen decision. The speaker, a constitutional attorney, explains how the law's 'sensitive places' designation for businesses and the requirement for owners to post 'guns welcome' signs likely violate both the Second and First Amendments by imposing compelled speech on business owners and infringing upon the right to bear arms.

Quick Summary

New York's recent gun legislation, requiring businesses to post 'guns welcome' signs for concealed carry, is argued to be unconstitutional. This law likely violates the Second Amendment by restricting the right to bear arms and the First Amendment by imposing compelled speech on business owners, lacking historical justification post-Bruen.

Chapters

  1. 00:00Introduction: NY Gun Rights Under Attack
  2. 00:22Host Mark Smith's Credentials
  3. 00:39Warning About 'Sensitive Places'
  4. 01:31NY Governor's Response to Bruen
  5. 01:57NY's Creative but Unconstitutional Law
  6. 02:07Business Signage Requirement Explained
  7. 02:50Flipping American Law on its Head
  8. 03:47Violation of NYSRPA v. Bruen
  9. 04:32Supreme Court's Burden of Proof Standard
  10. 05:31Providing Solutions, Not Just Problems
  11. 06:10Property Owner Context: NY's Hypocrisy
  12. 07:24First Amendment: Compelled Speech
  13. 08:25Wooley v. Maynard Case Example
  14. 09:01NIFLA v. California Case Example
  15. 09:46Forcing Business Signs = Compelled Speech
  16. 10:25Policy Analysis: How Dumb is This?
  17. 10:38Who NY Allows in Businesses
  18. 11:11Law-Abiding vs. Violent Felons
  19. 12:11NYC Human Rights Law & Criminal Records
  20. 13:14Conclusion: Unconstitutional & Stupid Policy
  21. 14:13Final Thoughts & Subscribe

Frequently Asked Questions

How does New York's new gun law attempt to restrict concealed carry?

New York's law designates most businesses as 'sensitive places' where concealed carry is prohibited unless the owner posts a sign explicitly welcoming firearms. This flips the traditional property right model and is argued to be an unconstitutional workaround to the Bruen decision.

Why is New York's business signage requirement considered unconstitutional?

The requirement for business owners to post 'guns welcome' signs is argued to be compelled speech under the First Amendment. This forces owners to take a public stance on a political issue they may disagree with, which is legally prohibited.

What is the legal basis for challenging New York's gun restrictions after the Bruen decision?

The Bruen decision requires governments to justify firearm regulations by historical tradition. New York's law is challenged because it allegedly lacks historical precedent for banning firearms in private businesses and infringes on the right to bear arms.

How does the video contrast law-abiding gun owners with other individuals allowed in businesses?

The video highlights that statistically, concealed carry permit holders are highly law-abiding. It contrasts this with New York's policy, which restricts them while simultaneously allowing violent felons, who are not prohibited from entering businesses, to carry weapons like bats or knives.

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