New York's "GUN FREE ZONE" SCHEME is Unconstitutional

Published on July 3, 2022
Duration: 13:14

This video analyzes New York's "sensitive places" scheme enacted after the Bruin decision, arguing it attempts to nullify the right to carry firearms for self-defense. Constitutional attorney Mark Smith explains that under Bruin, the burden is on the government to prove historical precedent for gun bans in specific locations, a standard he believes New York's broad designations will fail to meet. The video highlights that historical analogs for sensitive places are limited to government facilities like polling places, courthouses, legislative chambers, and certain educational institutions, and that private locations or public demonstrations lack such historical justification.

Quick Summary

New York's 'sensitive places' scheme attempts to create widespread gun-free zones, but the Supreme Court's Bruin decision requires the government to prove historical precedent for such restrictions. Historically, bans were limited to government facilities like courthouses and polling places, not broad public areas or private establishments, making New York's expansive list likely unconstitutional.

Chapters

  1. 00:00NY's Gun-Free Zone Scheme vs. Bruin Decision
  2. 00:15Introduction: Mark Smith, Constitutional Attorney
  3. 00:30NY's Rebellion Against Supreme Court Ruling
  4. 00:54Historical NY Carry Restrictions
  5. 01:54The 'Sensitive Places' Exception
  6. 02:31Why NY's Scheme Will Fail
  7. 03:25NY's Defined Sensitive Places List
  8. 04:00Private Property Signage Requirements
  9. 05:03Bruin Decision: Burden on Government
  10. 05:29End of Balancing Tests & Tiers of Scrutiny
  11. 05:57Historical Precedent Requirement for Sensitive Places
  12. 07:09Founding Era Sensitive Places Examples
  13. 08:43Boston Massacre & Right to Bear Arms
  14. 10:38Government Ownership vs. Sensitive Place
  15. 11:08Public vs. Private Sensitive Places
  16. 11:42Supreme Court Forecloses Blanket Bans
  17. 12:28Conclusion: Judge's Interpretation Matters

Frequently Asked Questions

What is New York's 'sensitive places' scheme?

New York's 'sensitive places' scheme designates numerous locations as gun-free zones, attempting to restrict firearm carry even for those with permits. This strategy is seen by critics as an effort to circumvent the Supreme Court's Bruin decision, which affirmed the right to carry firearms for self-defense.

How does the Bruin decision impact New York's gun laws?

The Bruin decision requires the government to demonstrate historical precedent for any gun control regulation. This means New York must prove that historically, firearms were banned in specific locations to justify its 'sensitive places' designations, shifting the burden of proof away from citizens.

What historical precedents exist for 'sensitive places' regarding firearms?

Historical precedents for 'sensitive places' are limited to government facilities like polling places, courthouses, and legislative chambers. The Supreme Court has indicated that schools might also qualify under specific historical circumstances, but broad designations like those in New York are not historically supported.

Can New York ban guns in all public areas like Times Square or on subways?

No, the Supreme Court in Bruin explicitly stated that cities cannot ban all guns by labeling the entire area a 'sensitive place.' The Second Amendment applies to urban areas, and such blanket bans are not permissible under the ruling.

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