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Bobc
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Joined: Dec 03, 2008
Posts: 355
Location: Prospect Heights

PostPosted: Thu Mar 29, 2012 8:18 am Reply with quoteBack to top

March 29, 2012 by Sam Rolley
In NYC Second Amendment Rights Sell For $340
PHOTOS.COM
A Federal judge ruled that hefty fees do not hamper Second Amendment rights.

New York City residents who challenged a policy that requires handgun owners in the city to pay a $340 residential licensing fee as unConstitutional were shot down by a Federal judge on Monday.

Federal Judge John Koeltl ruled that the lawsuit brought by citizens and gun rights advocates, including the New York Rifle & Pistol Association and the Second Amendment Foundation, was void because he believes there is no evidence that the hefty fee has stopped anyone from exercising his rights. The fee must be paid every three years, according to The Associated Press.

“The city defendants contend that the $340 fee is permissible under this standard because it is designed to defray, and does not exceed, the costs of administering New York’s handgun licensing scheme,” Koeltl wrote in his 38-page Opinion and Order. “However, the plaintiffs argue that, to be permissible, a fee must not only be designed to defray administrative costs but must also be a ‘nominal’ amount. According to the plaintiffs, the $340 fee is too high to be nominal.”

The judge cited several appellate court rulings that determined such a fee is considered nominal, according to Courthouse News Service.

“While it is possible to conceive of fees that are impermissible because they are so exorbitant as to deter the exercise of the protected activity … there is no showing that the $340 handgun licensing fee qualifies as such a fee,” Koeltl wrote. “The plaintiffs merely assert that the $340 fee is excessive, which is not sufficient to raise a genuine issue of material fact regarding the permissibility of the fee.”

The residential license affords holders the right to have a handgun in their homes; it is not a carry permit.
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Damocles
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Joined: Mar 14, 2010
Posts: 36

PostPosted: Thu Mar 29, 2012 12:43 pm Reply with quoteBack to top

Stories like this make me want to bash my head against a wall. The 2nd amendment is very, very clear. All it takes is one lib judge to screw it for everyone and their rights. Anyone who cares about their rights should be doing something about this, because NYC is clearly wiping their butt with the US Constitution. $340 for the right you are already afforded by the 2nd Amendment. Lovely....
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