Buffalo, NY (WBEN) As New York's new gun laws take effect, one area attorney says one particular aspect of the new law has him concerned over the possibility of warrantless searches.
A part of the new gun law requires businesses to post signs to welcome those with concealed weapons. Max Tresmond sees a very serious legal issue. "The NYSRPA vs. Bruen decision from earlier this summer, stated that state legislatures cannot declare vast swathes of state territory, gun free zones, based on the idea that they're densely populated, or they simply don't want guns to be carried everywhere," says Tresmond. He believes New York has abused the sensitive place restrictions. "This law requiring business owners to place a sign in their window to me is an unconstitutional intrusion into the rights of property owners," says Tresmond.
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He says the rights of business owners could be violated. "(This) inserts the New York State Police and the Division of Criminal Justice Services in a place where they have no constitutional authority to enter," claims Tresmond. "This effectively creates a law enforcement zone where no laws have been broken and interjects law enforcement agencies into places without a warrant without justification. And for the sole purpose of harassing gun owners."
Tresmond is also concerned about the semi automatic firearms licensing requirement. He says starting today, all semi automatic rifle purchases will have to be licensed, "These gun transactions will have to be licensed in the state same way that handgun purchases have to be licensed under the Bruen decision," says Tresmond. He believes that is unconstitutional because there is no national history or tradition of licensing longer one long gun ownership or licensing, semi automatic, long gun ownership.
The Northern District of New York is reviewing the NYSRPA vs. Bruen case, and Tresmond anticipates a ruling that could affect the implementation of the new laws soon.