{"id":84769,"date":"2022-08-23T10:16:20","date_gmt":"2022-08-23T15:16:20","guid":{"rendered":"https:\/\/milesfortis.com\/?p=84769"},"modified":"2022-08-23T10:16:43","modified_gmt":"2022-08-23T15:16:43","slug":"84769","status":"publish","type":"post","link":"https:\/\/milesfortis.com\/?p=84769","title":{"rendered":""},"content":{"rendered":"

How “sensitive area” battle is shaping up in New York<\/a><\/p>\n

In the Bruen decision, Supreme Court Justice Clarence Thomas said that there were a handful of places where guns could be constitutionally banned. He called these \u201csensitive areas\u201d and they include places like courthouses, jails, and things of that sort.<\/p>\n

On one level, it makes sense. These are places where some are more inclined to be violent. Plus, they\u2019re easily secured so that virtually no one is able to bring a gun in. In other words, they use metal detectors, not signs on the door.<\/p>\n

However, in so doing, the term \u201csensitive area\u201d is getting used to justify a whole lot of restrictions. In fact, the battle over them in New York\u00a0is just starting to fire up<\/a>.<\/p>\n

\u201cPut simply, there is no historical basis for New York to effectively declare the island of Manhattan a \u2018sensitive place\u2019 simply because it is crowded and protected generally by the New York City Police Department,\u201d wrote Thomas.<\/p>\n

While New York politicians have yet to declare Manhattan a gun-free zone, they have pushed back against the ruling. In a long list of new \u201csensitive places,\u201d state legislators named parks, which by definition includes the biggest park in the lower 48, the Adirondack Park in upstate New York. Interestingly, the Adirondack Park is home to about 130,000 residents\u2014all of whom will effectively see their Second Amendment rights erased when the law takes effect on Sept. 1.<\/p>\n

This law is in direct conflict with\u00a0NYSRPA<\/em>. When the U.S. Supreme Court recently\u00a0confirmed<\/a>\u00a0the right of Americans to \u201cbear\u201d arms in this case, it didn\u2019t do so in some mealy-mouthed manner that indicated the ruling was a difficult decision or was uncertain in any way.\u2026<\/p>\n

For residents of the Adirondack Park, which is about half private land and half publicly owned, the law puts them in a dilemma. Tom King, president of the New York State Rifle & Pistol Association, the state NRA affiliate, said he has received \u201chundreds of calls\u201d about the ban from residents of the Adirondacks who are confused and frustrated.<\/p><\/blockquote>\n

Of course, Adirondack Park is only one of the battlegrounds. In fact, the above-linked piece goes on to quote a Democratic lawmaker who takes issue with this particular measure and how it impacts these good folks.<\/p>\n

However, I\u2019m going to go a step further and note that while Thomas explicitly wrote that the entire island of Manhattan couldn\u2019t be declared a sensitive area, what has actually transpired there is just a step shy of precisely that.<\/p>\n

For example, a large number of areas\u00a0are<\/em>\u00a0declared sensitive areas, for one thing. Then there\u2019s the idea of carrying on private property.<\/p>\n

Now, in many states, business owners can put a sign up to serve notice that the building is gun-free. I know it\u2019s not popular, but I\u2019m actually fine with this because property rights are also a thing that needs to be respected. If a business owner doesn\u2019t want guns on their property, they\u2019re free to do so.<\/p>\n

However, in New York, the\u00a0default<\/em>\u00a0is that guns aren\u2019t permitted.<\/p>\n

While that\u2019s fine for anti-gun businesses, it also means those ambivalent on the subject of concealed carry are, in effect, determined to be essentially the same as sensitive areas. Since most people try to actively avoid politics, the default for these folks is likely to be that ambivalence.<\/p>\n

So, in effect, the majority of the island of Manhattan\u2013and the rest of the state, really\u2013has been essentially declared a sensitive area.<\/p>\n

Yes, I support businesses being able to declare themselves gun-free\u2013why would I want to spend money with companies who don\u2019t support my fundamental rights\u2013the default position on something like that should be toward freedom.<\/p>\n

What New York did looks to have gone beyond what Justice Thomas intended.<\/p>\n

The battle over what actually can constitute a sensitive area has just started. It\u2019s going to be rough going for a lot of people, too, unfortunately, before it\u2019s all settled.<\/strong><\/p>\n","protected":false},"excerpt":{"rendered":"

How “sensitive area” battle is shaping up in New York In the Bruen decision, Supreme Court Justice Clarence Thomas said that there were a handful of places where guns could be constitutionally banned. He called these \u201csensitive areas\u201d and they include places like courthouses, jails, and things of that sort. On one level, it makes … Continue reading “”<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[11,50,24,8],"tags":[],"class_list":["post-84769","post","type-post","status-publish","format-standard","hentry","category-crap-for-brains","category-goobermint","category-rights","category-rkba"],"_links":{"self":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts\/84769","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=84769"}],"version-history":[{"count":2,"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts\/84769\/revisions"}],"predecessor-version":[{"id":84771,"href":"https:\/\/milesfortis.com\/index.php?rest_route=\/wp\/v2\/posts\/84769\/revisions\/84771"}],"wp:attachment":[{"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=84769"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=84769"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/milesfortis.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=84769"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}