Petition to SCOTUS for NY 2A Incorp Case (7th Ct)

[ELB]

For those interested, the petition for writ for certiorari to have the SCOTUS review (and overturn!) the Second Circuit Court of Appeals decision that the 2A is not incorporated against the states can be found here:

http://homepages.nyu.edu/~jmm257/cert-p ... pendix.pdf" onclick="window.open(this.href);return false;

It is one of three Incorporation cases decided among the Circuit Courts of Appeals since the Heller case. The Ninth ruled that the 2A is incorporated; the Seventh and the Second have, for different reasons, ruled it is not. If you read the linked brief you will get a primer for all three case decisions.

In this particular case, the petitioner is arguing that the NY state law prohibiting mere possession of specified weapons is unconstitutional because the 2A guarantees the right to keep and bear arms. The State of New York has argued (so far successfully) that the 2A does not apply to the states, only the Federal Government.

The weapon in question is a nunchaku, which is one of a long list of weapons that NY forbids citizens -- but not police, apparently -- to even possess, much less carry or use. The petitioner is, among many other things, a martial arts instructor. The way his possession came to light was rather dramatic -- involved a dispute, accusations of rifle-pointing, standoff with police, warrentless search... go read the petition. Anyway, the possession charge was dropped when the petitioner agreed to plead guilty to a non-criminal charge, pay a fine, and have his nunchaku destroyed. He then sued the state arguing the law is unconstitutional, and that brings us to today.

It's not a bad read as legal documents go, go check it out if you follow these things.

elb

edited to correct link url. elb

[redoregon]

Your URL seems to be malformed... tries to take you directly to the site as shown, with the periods in the middle. What's the name of the file itself?

[ELB]

It worked originally -- seems to have become corrupted when the forum software shortened it for display. Here it is again:

http://homepages.nyu.edu/~jmm257/cert-p ... pendix.pdf" onclick="window.open(this.href);return false;

And without the http://

homepages.nyu.edu/~jmm257/cert-petition-w-appendix.pdf

Will try to correct the link in the original post.

thx

[redoregon]

Better, thanks!