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NYC: A Second Amendment-Free Zone, Part II

Last week I wrote about the tedious process one needs to go through in order to obtain a shotgun/rifle license in the Big Burrito. The passive aggressive bureaucratic roadblocks such as the co-habitant permission requirement, are surely a violation of the Second Amendment, but unsurprisingly, the mayors and the courts upheld them. Only crooks and criminals are allowed to fully exercize their Second Amendment rights in New York City.

But let us assume, that with the patience of Job, you do fill out all the necessary forms, get all the necessary documents, wait the four or five months, and do obtain a shotgun permit. Just when you thought you - a tax-paying, law-abiding citizen - could finally exercise your Second Amendment rights and be left alone by the Big Burrito bureaucrats, you're slammed by yet more restrictions.

First, you cannot transport your rifle or shotgun anywhere within NYC in the same bag or container as the ammunition. The firearm must be unloaded and the ammunition must be carried separately. If you are driving to or from a shooting range or a hunting area, the firearm has to be locked in the trunk of the car. And you can "NEVER [sic] leave your firearm in an unattended vehicle". So, going into a gas station to buy a cup of coffee or use the facilities would violate this provision immediately.

Even more outrageously, you cannot keep your rifle or shotgun loaded inside your own home and  you have to store the ammunition separately. By following this provision, you render your firearm useless for the protection of your home.

Finally, you have to renew the shotgun/rifle permit every three years. If you do not, your firearm will be confiscated. Your NYS driver's license, on the other hand, is valid for eight years and your US passport is valid for ten. Last time I checked, there was no constitutional right that has to do with a driver's license.

Eugene Girin

Eugene Girin is a New York-based attorney and commentator.

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