DOJ Joins Challenge To NYC Curb on Handgun Transport

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Photo by Rod Waddington via Flickr.

The Trump administration is asking the U.S. Supreme Court to overturn New York City’s controversial rule that bans individuals from transporting handguns outside their home in most cases, reports the New York Law Journal.

Justice Department lawyers argue that the rule contradicts the Second Amendment and unlawfully restricts interstate commerce by limiting where gun owners can bring their firearms. The rule is being challenged by the New York State Rifle and Pistol Association, affiliated with the National Rifle Association, which appealed a lower court decision upholding the regulation.

The DOJ brief said, “Few laws in the history of our nation, or even in contemporary times, have come close to such a sweeping prohibition on the transportation of arms. And on some of the rare occasions in the 19th and 20th centuries when state and local governments have adopted such prohibitions, state courts have struck them down.”

The rule, referred to by the Trump administration as the “transport ban,” prohibits licensed handgun owners, in most cases, from transporting their firearm to another location other than the address where it’s registered.

There are a few exceptions. Gun owners are allowed to take their firearm to a gunsmith or hunting ground if they get permission from the New York Police Department. Guns are allowed to be transported to authorized shooting ranges and gun clubs within New York City.

The NYPD announced an amendment last month that would allow gun owners to bring their firearms to shooting ranges outside New York City and another address where the license-holder is allowed to have the weapon.

Additional Reading: NYC Will Pay the Price of Concealed Carry Law, says Vance, The Crime Report, June 18, 2018

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