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After listening to half of Amy’s presentation, it’s already evident the court will rule against her clients motion. I don’t know enough about her clients specific circumstance to opine further, other than to say the city’s licensing system should be thrown out in favor of following NYS law. Let’s face it, the city ain’t that special, IMO, that it needs a separate set of rules. That goes for licensing handguns also. They need to rewrite section 400 of the PL, and remove references to a city of more than one million. Same rules apply wether you are in the 5 boros or on the ny side of the Canadian border.
 

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Absent a rewrite of the law regarding cities over 1 million, what’s the chances this gets changed over to the nys system? Brooklyn resident here! The state system would be an improvement!
 

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Violation of the Second Amendment. Attorney Amy Bellantoni.


Click on 2021, Taveras v. New York City
then click "listen to audio"
This was a terrible case to argue against the NYC rifle/shotgun licensing process. Taveras was never convicted of domestic violence (case was dropped) but was arrested based on injuries to the female involved and an order of protection was issued. While I have a serious problem with denying rights absent a conviction, using this case where an individual was accused of a violent crime (twice) and there is evidence of physical harm (hospital records) you're already in a compromised position to fight the case.

The judges bring up being arrested for murder and insanity in questioning the lawyer. They take things to the extreme in trying to justify the licensing authorities latitude in denying a license rather than addressing the facts of this case which aren't in the extreme.

Should NYC have the latitude to deny a license based on allegations? Anyone can make accusations. Accusations don't always lead to an arrest. An arrest doesn't always lead to an indictment. An indictment doesn't always lead to a conviction. Where do you draw the line in denying someone their Constitutional rights?
 

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I agree with Paul that a better case should have been chosen. No judge will want to be associated with changing the laws where the underlying case involves ruling in favor of an alleged domestic violence abuser. Even if it is only an allegation.

Also most individuals on the bench and on the prosecution and defense side will assume that the cases were dismissed because the victim refused to cooperate and not on the merits.
 
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