Cavalier Knight
Member
NYPD License Division: "The Ninety Day Waiting Period simply regulates the frequency in which licensees may acquire firearms after their first purchase. Since the rule does not leave an ordinary, law-abiding citizen without the ability to possess a firearm for self-defense, it does not implicate the text of the Second Amendment or infringe on the core of the right defined in Heller, McDonald, and Bruen, thereby obviating the need to discover historical analogues."
O Defendants, Defendants, wherefore art thou 1791 Analogues?
As per Bruen, during the ratification of the 2nd Amendment in 1791 there were no regulations requiring law-abiding citizens to pay a fee to possess any type of premises and/or carry licenses. Nor was there a limit on the number of arms a law-abiding citizen could keep and bear for self-defense. Even if a licensing scheme is lawful under Bruen there is no grant of police power requiring possession of both a state Residence Premises License to keep arms and a separate but not equal state Carry License to bear arms.
Privileges and Immunities Clause of Article IV, Section 2
Defendants are requiring law-abiding citizens to possess a state Residence Premises License to keep arms and a separate but not equal state Carry License to bear arms. All first-time state CL applicants will only be able to possess a total of (2) handguns on a state CL. This de facto limits the acquisition of arms to a total of (2) handguns to keep inside the home and to bear outside of the home which as applied and facially strikes at the core of the 2nd Amendment right to keep and bear arms inside the home and to carry publicly for self-defense.
Only issuing a state Firearms Dealers License to FFL 01s with a brick & mortar store and refusing to issue a state FDL to FFL 01s who intend to sell constitutionally protected goods and/or services intrastate at gun shows and interstate via mail-order and/or e-commerce, and prohibiting the transportation of inventory to offsite storage locations, and requiring law-abiding citizens to request government permission to receive (1) purchase authorization every (90) days and prohibiting Knight from making contracts with New York City as a PASSPort vendor with a commodity of 384 - Law Enforcement Equipment and Supplies, as applied and facially violates the Equal Protection Clause.
Under 38 - R.C.N.Y. § 4-03 and NYC Admin Code § 10-302 (c)(1), Federal Firearms Licensees 01 (FFL 01) must possess a brick & mortar store as a prerequisite to apply for a state Firearms Dealer’s License (state FDL) in violation of NYS PL § 400.00 (1-a).
(a) “A State may not impose a charge for the enjoyment of a right granted by the Federal Constitution. Since the privilege in question is guaranteed by the Federal Constitution and exists independently of state authority, the inquiry as to whether the State has given something for which it can ask a return is irrelevant.” “No state shall convert a liberty into a license, and charge a fee, therefore.” See, Murdock v. Pennsylvania, 319 U.S. 105 (1943)
Under NYC Admin Code § 10-302.1 (b) “no person shall acquire a firearm if such person has acquired a firearm within the previous (90) days” and only after requesting permission from the local government to receive a purchase authorization for each handgun.
(b) “Whereas if a state converts a right into a privilege, the citizen can ignore the license and fee and engage in the right (liberty) with impunity.” See, Shuttlesworth v. Birmingham, 394 U.S. 147 (1969).
Knight v. New York City, et al 1:2022-cv-03215 (State Firearms Dealer's License & (90) day waiting periods.)
Knight v. City of New York, et al 1:2022-cv-10755 (Requiring a state Residence Premise License to keep arms and a separate but not equal state Carry License to bear arms.)
Dropbox Link: Case Files Are Here
Article: A New Yorker is Fighting a One-Man Battle Against the City’s Restrictions on FFLs in the Big Apple
O Defendants, Defendants, wherefore art thou 1791 Analogues?
As per Bruen, during the ratification of the 2nd Amendment in 1791 there were no regulations requiring law-abiding citizens to pay a fee to possess any type of premises and/or carry licenses. Nor was there a limit on the number of arms a law-abiding citizen could keep and bear for self-defense. Even if a licensing scheme is lawful under Bruen there is no grant of police power requiring possession of both a state Residence Premises License to keep arms and a separate but not equal state Carry License to bear arms.
Privileges and Immunities Clause of Article IV, Section 2
Defendants are requiring law-abiding citizens to possess a state Residence Premises License to keep arms and a separate but not equal state Carry License to bear arms. All first-time state CL applicants will only be able to possess a total of (2) handguns on a state CL. This de facto limits the acquisition of arms to a total of (2) handguns to keep inside the home and to bear outside of the home which as applied and facially strikes at the core of the 2nd Amendment right to keep and bear arms inside the home and to carry publicly for self-defense.
Only issuing a state Firearms Dealers License to FFL 01s with a brick & mortar store and refusing to issue a state FDL to FFL 01s who intend to sell constitutionally protected goods and/or services intrastate at gun shows and interstate via mail-order and/or e-commerce, and prohibiting the transportation of inventory to offsite storage locations, and requiring law-abiding citizens to request government permission to receive (1) purchase authorization every (90) days and prohibiting Knight from making contracts with New York City as a PASSPort vendor with a commodity of 384 - Law Enforcement Equipment and Supplies, as applied and facially violates the Equal Protection Clause.
Under 38 - R.C.N.Y. § 4-03 and NYC Admin Code § 10-302 (c)(1), Federal Firearms Licensees 01 (FFL 01) must possess a brick & mortar store as a prerequisite to apply for a state Firearms Dealer’s License (state FDL) in violation of NYS PL § 400.00 (1-a).
(a) “A State may not impose a charge for the enjoyment of a right granted by the Federal Constitution. Since the privilege in question is guaranteed by the Federal Constitution and exists independently of state authority, the inquiry as to whether the State has given something for which it can ask a return is irrelevant.” “No state shall convert a liberty into a license, and charge a fee, therefore.” See, Murdock v. Pennsylvania, 319 U.S. 105 (1943)
Under NYC Admin Code § 10-302.1 (b) “no person shall acquire a firearm if such person has acquired a firearm within the previous (90) days” and only after requesting permission from the local government to receive a purchase authorization for each handgun.
(b) “Whereas if a state converts a right into a privilege, the citizen can ignore the license and fee and engage in the right (liberty) with impunity.” See, Shuttlesworth v. Birmingham, 394 U.S. 147 (1969).
Knight v. New York City, et al 1:2022-cv-03215 (State Firearms Dealer's License & (90) day waiting periods.)
Knight v. City of New York, et al 1:2022-cv-10755 (Requiring a state Residence Premise License to keep arms and a separate but not equal state Carry License to bear arms.)
Dropbox Link: Case Files Are Here
Article: A New Yorker is Fighting a One-Man Battle Against the City’s Restrictions on FFLs in the Big Apple
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