To The Reader’s Forum:

I am opposed to a pending lawsuit challenging New York law having to do with certain aspects of gun ownership. As the P-J reports it, there is a federal lawsuit challenging New York’s Concealed Carry Improvement Act. The reported arguments are a twofold concern that the law’s “background requirements would impact their business and deprive lawful gun owners of their Second Amendment rights.”

I believe that “impact” on business, that is, charging a fee for background checks, or as the P-J reports, “making it harder to purchase a gun”, does not “deprive” anyone of the “right” to gun ownership! If one or more of the provisions of law are determined to prevent ownership, then those can be changed or eliminated. Suggestions that New York is “less safe”, that Gov. Hochul supports “pro-criminal policies” and “disarming law abiding NYers”, that N.Y. law is “heavy-handed” or “over-complicated”, or “will leave irreparable damage in its wake” are pure rhetoric and not legal arguments.

What’s missing from the P-J is discussion of the legal arguments for or against all or parts of the legislation. For example, it is alleged that ammunition buyers of a certain amount are “flagged” and put on a “terrorism watch list”. If true, perhaps the law should be tweaked on the amounts used that are flagging someone as a potential “terrorist”, but it is surely not a reason to suggest the entire law is “unconstitutional” as one Republican State Assemblyman purports.

Legally speaking, P-J readers should be aware that each state is permitted to decide who can have a “concealed” weapon and the conditions under which concealment is possible. In other words, although people have a “right” to have a gun, there are conditions (regulations) required to implement that “right”, that is, “2A” rights to own a gun are not absolute!

Thus, in my opinion, no “Second Amendment rights” are violated by a background check “fee” and there is no “right” to sell guns and/or ammunition free of a “fee” if that is what N.Y. decides. A “fee” is simply a condition, or regulation, to pursue that “right”. (BTW, if a person can afford to buy a firearm and ammunition then paying a very small fee for a background check should not be onerous!)

Jamestown