BUFFALO, N.Y. (WBEN) "There will be lots of challenges, there is no doubt about that."
Buffalo attorney Paul Cambria reacted Friday to a wave of new
gun restrictions looming in New York State after the Supreme Court
last week struck down the state's concealed carry law.
The big question in Cambria's mind, is whether of not the new regulations will
stand up in light of the Supreme Court's decision.
"If they restrict it so much that, in the end, people cannot bear arms, then the argument will be made that it's inconsistent with the Supreme Court's decision and those laws will be invalidated."
Cambria is skeptical of another proposed restriction. Governor Kathy Hochul has said it will be presumed that private businesses would want to be a
gun-free zone, otherwise, they would have to post a sign saying guns are welcome.
"The argument is going to be that the presumption of no carry is inconsistent with the Supreme Court decision," said Cambria. "The second amendment, according to the Supreme Court, basically presumes that people can bear arms and that includes people and that includes places other than your home. And a presumption as suggested by the state would be inconsistent with that. I'm sure that is the challenge that is going to be made."
Also, Cambria said the so-called sensitive zones, where you can't have a gun,
will also be challenged as inconsistent with the decision. Lawmakers are finalizing a bill that would ban guns around schools, government buildings, mass transit, parks, and houses of worship. It would ban guns in bars and restaurants - unless a sign is posted indicating that guns are welcome.
The kind of guns that you can bear, or possess and carry, is an entirely
different situation according to Cambria. He said the Supreme Court indicated that their decision did not deal with what you could carry, such as AR's, or semi-automatics.
He expects challenges on how many rounds you can have if the state regulates those as well. But Cambria thinks the state has a greater chance of succeeding with regard to what kind of gun you can bear or possess.
Related
The new gun restrictions come on the heels of the Safe Act, which was approved by the state legislature and then-Governor Andrew Cuomo in January of 2013.
"The Safe Act focused on background checks and age and those things are still in place. The recent Supreme Court decision did not interfere with those. But Cambria said the big question is, are there going to be so many restrictions by the state, on being able to carry in public, that it attempts to nullify the Supreme Court's decision. That's where the real challenge is going to lie," said Cambria.
Could the court look at the sum of all of the restrictions, rather than each individual restriction, and decide that, together, this creates something that was not intended in the constitution? "Anything is possible," said Cambria. "We've seen it with the latest Supreme Court decisions. The court wanted to get to a certain place, and they found a way to get there."
Members of the state legislature are in Albany for a special session to address the Supreme Court ruling that struck down a 110-year-old law for concealed carry of a firearm.