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Lawsuit: NYC Permits Make Gun Ownership 'Impossible'

By    |   Thursday, 06 April 2023 12:28 PM EDT

A class-action lawsuit has been filed against the state of New York and the New York Police Department for its restrictions on gun permits and licenses, arguing the NYPD application requirements are "impossible to meet."

The lawsuit claims violations of constitutional rights for the Second Amendment (right to bear arms) and the 14th Amendment (equal protection under the law and due process).

It argues New York City's restrictions on gun ownership violates Americans' right to bear arms and the slow, detailed, and protracted application process makes it nearly "impossible" for a resident to own a gun for self-defense in the city.

"This delay and lack of a decision by the NYPD License Division paralyzes people in this situation because they are forced to wait for a decision, and are precluded from appealing a decision, since a decision has yet to be made," the lawsuit reads. "Even when a license is granted, the NYPD License Division requires further arbitrary documentation from the gun owner in order to register the firearm in the city of New York.

"This is an undeniable and protracted abrogation of these individuals' rights under New York State Law and the United States Constitution."

The lawsuit calls for the end of the infringement of constitutional rights to bear arms by the NYPD licensing division, particularly after recent U.S. Supreme Court decisions struck down New York state restrictions on concealed carry laws last year, ruling that the Second Amendment is not a "second-class" right.

"They have shown time and time again that they will infringe on the rights of gun owners and this court has a duty to stop this infringement," the lawsuit read.

A former prosecutor, a National Rifle Association-certified firearms instructor, a gun store employee, and a truck driver are listed as the plaintiffs in the class-action lawsuit.

"The proposed class compromises all similarly situated individuals who have applied for firearms licenses with the defendants and have been waiting for their gun licenses for a period of over six months, or have received their licenses but have been barred from registering their firearms, and have no criminal convictions in their past," the lawsuit read.

There were more than 7,400 gun applications last year, including 6,066 for handguns. That compares to 4,700 in 2021.

Eric Mack

Eric Mack has been a writer and editor at Newsmax since 2016. He is a 1998 Syracuse University journalism graduate and a New York Press Association award-winning writer.

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A class-action lawsuit has been filed against the state of New York and the New York Police Department for its restrictions on gun permits and licenses, arguing the NYPD application requirements are "impossible to meet."
nypd, gun, permits, lawsuit, class action, laws
376
2023-28-06
Thursday, 06 April 2023 12:28 PM
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