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Reason
Reason
Politics
Stephen Halbrook

YOU WONT BELIEVE: Second amendment roundup nyc s good moral character requirement void - What They Never Told You

On Oct. 24, Judge John P. Cronan of the Southern District of New York rendered summary judgment in favor of an applicant for a license to possess firearms who had been denied for supposed inadequate "good moral character."  The case is Srour v. City of New York.

There were actually two license denials, one for a license to possess a rifle or shotgun, the other to possess a handgun.  The pre-Bruen denials recited Srour's alleged 28 moving violations and 30 driver's license suspensions (wow!) as "reflecting negatively on your moral character."  After he filed his Second Amendment lawsuit, Bruen was decided.  Srour then withdrew his as-applied challenge, rendering discovery unnecessary, and proceeded with his facial challenge.

The rule that a facial challenge can succeed only if a law is invalid in all applications, the court found, does not apply when the law implicates "fundamental rights protected by the Constitution. And as Bruen stated, "when the Second Amendment's plain text covers an individual's conduct, the Constitution presumptively protects that conduct."

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