this post was submitted on 13 Oct 2023
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she violated the recently passed city law that prohibits civilians from bringing firearms to protests, the police said

At no point in time was anyone menaced or injured as a result of her possessing the firearm

Unless she was threatening someone (the article specifically claims she wasn't), she will be acquitted. One does not have just one right at a time, one has all their rights all the time.

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[–] [email protected] 4 points 11 months ago (2 children)

she violated the recently passed city law that prohibits civilians from bringing firearms to protests, the police said

At no point in time was anyone menaced or injured as a result of her possessing the firearm

Unless she was threatening someone (the article specifically claims she wasn't), she will be acquitted. One does not have just one right at a time, one has all their rights all the time.

[–] [email protected] 8 points 11 months ago (1 children)

Bringing a gun to a protest is the crime, so there's no question she's guilty, but I expect the whole point is to challenge it to the Supreme Court and get it struck down.

[–] [email protected] 7 points 11 months ago* (last edited 11 months ago) (1 children)

It'll definitely get struck down if it makes it that far. You have a right to protest, and you have a right to carry a firearm. They can't state that you don't have some of your rights when exercising other rights.

Edit: this is assuming you can even carry a firearm in NYC, which seems unlikely. I know that when I visited, I checked if I could carry my pocketknife and the answer was no, which seems really fucking lame to someone who has carried a pocket knife his entire life.

[–] [email protected] 8 points 11 months ago (1 children)

She did have a concealed carry permit and the Supremes just struck down their "May issue" rules and converted them to a "Shall issue" state.

https://en.m.wikipedia.org/wiki/New_York_State_Rifle_%26_Pistol_Association,_Inc._v._Bruen

"The constitutional right to bear arms in public for self-defense is not 'a second-class right, subject to an entirely different body of rules than the other Bill of Rights guarantees.' We know of no other constitutional right that an individual may exercise only after demonstrating to government officers some special need."[28]

[–] [email protected] 4 points 11 months ago

the Supremes just struck down their "May issue" rules and converted them to a "Shall issue" state.

Sweet!

[–] [email protected] 3 points 11 months ago (1 children)

Can you even own and walk around with a concealed weapon in NYC? I thought that was illegal in itself

[–] [email protected] 4 points 11 months ago (1 children)

NYC used to (functionally) ban carry. Such broad restrictions were struck down last year in Bruen.