Second Amendment Rights And Powers In Queens
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“The Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home.”
Age Limitations: The right to bear arms is limited to individuals who are at least 18 years of age for long guns and 21 years of age for handguns. Federal law prohibits the sale of firearms to individuals under these age limits, and many states have enacted similar restrictions.
Under the provisions of the Federal McClure-Volkmer Firearms Owner Protection Act of 1986, you may legally transport through NYC. The gun must be empty, in a locked container and in the trunk or so remote as to be inaccessible to the driver, if there is no trunk.
Constitutional Amendments – Amendment 2 – “The Right to Keep and Bear Arms” Amendment Two to the Constitution was ratified on December 15, 1791. It protects the right for Americans to possess weapons for the protection of themselves, their rights, and their property.
Importantly, the Supreme Court has clearly stated that the Second Amendment does not protect assault weapons. District of Columbia v. Heller, 554 U.S. 570, 624-25, 627-28 (2008).
While no law specifically bans open carry, a pistol license to carry is issued to carry concealed. Concealed carry is only legal with a New York Pistol License (NYPL). The minimum age is 21, with the exception of honorably discharged members of the military, who can be any age.
As Justice Scalia pointed out in Heller, a militia is, therefore, a "subset of 'the people. '" This, he argued, creates a strong presumption that the Second Amendment right is an individual one that belongs to all Americans rather than a right only for those who serve in a militia.
