Sunday, June 03, 2012

I Second That Amendment

United States v. Decastro, No 10-3773 (2d Cir. June 1, 2012) (Jacobs, Hall, Lynch, CJJ)

In 2002, Angel Decastro moved from Florida to New York to help run his father’s dry-cleaning business. After a violent confrontation with a customer, Decastro requested a handgun license application from the NYPD. He did not submit it, however; he claimed that a desk officer told him that there was "no way" that it would be approved. Instead, he returned to Florida, where he was licensed to own a handgun, and purchased two guns. He left one in Florida and brought the other back to New York. A few years later, he moved back to Florida but left his gun with a relative in the Bronx, planning to retrieve it later. In the interim, the relative’s girlfriend turned the gun in to the police. The police traced it back to Decastro, who was charged with and convicted of violating 18 U.S.C. § 922(a)(3), which prohibits those not licensed to do so from transporting into their state of residence firearms purchased or acquired outside that state.

This appeal concerns Decastro’s Second Amendment challenge to this conviction. His first argument was that the interplay between New York’s strict licensing scheme and § 922(a)(3) violated the Second Amendment because he was virtually forced to purchase a firearm outside of New York in order to protect himself there. But the circuit concluded that he lacked standing to challenge New York’s licensing scheme because he did not actually apply for a New York license. Moreover, the evidence he adduced in the district court in an effort to establish the "futility" of getting a firearms licence in New York did not show that at all. To the contrary, it showed that during the relevant time period getween 2/3 and 3/4 of the handgun license applications submitted in New York were granted.

The court also rejected the argument that § 922(a)(3) on its face violates the Second Amendment. The individual right guaranteed by the Second Amendment is the right to possess and carry weapons for self-defense in case of confrontation. But only laws that impose a "substantial burden" on that right receive heightened scrutiny. And here, the circuit found no such substantial burden. Section 922(a)(3) only prohibits interstate transportation; it does nothing to keep someone from purchasing a firearm in her home state, "which is presumptively the most convenient place to buy anything." Moreover the law’s purpose is legitimate - it helps stop the circumvention of state laws regulating gun possession by requiring state residents to comply with conditions of sale and similar requirement in their home state.

Absent any sort of heightened scruutiny, the Second Amendment facial challenge here failed. It is not true that there is "no set of circumstances ... under which the [statute] would be valid." Given its purpose and function, § 922(a)(3) "plainly" has a "legitimate" sweep. This is true even accepting that some state laws governing the sale of firearms may themselves be unconstitutional, since nothing in § 922(a)(3) sanctions, compels or encourages state regulations that offend the Second Amendment. And Decastro could not rely on a claim that the section has no excpetion for the transportation of firearms purchased out of state by someone licensed to possess a gun at home; Decastro did not have a license to own a firearm in New York, and did not even apply for one.

 

 

Labels:

18 Comments:

Anonymous Expert Witness said...

TASA is the leading professional expert witness referral service. We have access to expert witnesses in thousands of different fields. Top Expert Witnesses. Exceptional Personal Service. field: B2B Consulting Services

June 4, 2012 at 4:11 AM  
Blogger Denver DUI Attorney said...

Nice analysis of scrutinizing the New York statute under the second amendment. It is unfortunate that he didn't have standing to fully challenge the law.

June 8, 2012 at 12:20 AM  
Anonymous Plastic Pipe Fitting said...

The court also rejected the argument that § 922(a)(3) on its face violates the Second Amendment. The individual right guaranteed by the Second Amendment is the right to possess and carry weapons for self-defense in case of confrontation

June 13, 2012 at 1:54 AM  
Anonymous chaussures air max bw said...

Lire beaucoup de blogs spécialement celles qui vous intéressent comme votre blog, post Bonne! J'ai accidentellement trouvé votre site sur internet, je vais être de revenir ici encore de l'information again.Love Is Beautiful. Gardez les articles posThese sont fantastiques, Les informations que vous nous montrer qui est intéressant pour tout le monde et il est vraiment bien écrit, très instructif. C'est juste beau! continuer à poster. Merci! Ting!

July 4, 2012 at 5:12 AM  
Anonymous wasonja26 said...

Highest Jackpots in Online Scratch Cards it’s not enough for
online scratch cards to offer their legion of fans terrific,
welcome bonuses – the majority even giving free no deposit cash – and added,
little perks like invite a friend bonuses (usually cash!),
points to rack up in exchange for free play or even cash and yet more cash or points,
if you do things like“Like” their Facebook page or “Follow” them on Twitter.

July 4, 2012 at 3:00 PM  
Anonymous Wedding Photographer Kent said...

Wedding photography captured in a fresh, modern style by one of Kent's leading wedding photographers. Check out my site for samples and pricing. And make a right decision.

July 17, 2012 at 5:00 AM  
Anonymous electronic components said...

This is true even accepting that some state laws governing the sale of firearms may themselves be unconstitutional, since nothing. He did not submit it, however; he claimed that a desk officer told him that there was "no way" that it would be approved.

July 27, 2012 at 3:04 PM  
Anonymous las vegas escorts said...

But only laws that impose a "substantial burden" on that right receive heightened scrutiny. And here, the circuit found no such substantial burden. Section 922(a)(3) only prohibits interstate transportation; it does nothing to keep someone from purchasing a firearm in her home state, "which is presumptively the most convenient place to buy anything." Moreover the law’s purpose is legitimate

August 2, 2012 at 3:42 PM  
Anonymous FFL Blog said...

Interesting to know about the amendments...!!!and i feel its not bad purchasing firearms in their own country..!!!

August 11, 2012 at 6:52 AM  
Anonymous pain therapy said...

as someone new to blogs and blog commenting,i must congratulate you for the very indepth info provided. I will certainly re-visit and recommend to my followers. Keep up the great work!. I now have to take my time step-by-step absorb all this info,tl.llhanks.

September 12, 2012 at 10:14 AM  
Anonymous duct cleaning said...

Heya¡­my very first comment on your site. ,I have been reading your blog for a while and thought I would completely pop in and drop a friendly note. . It is great stuff indeed. I also wanted to ask..is there a way to subscribe to your site via email?

November 18, 2012 at 11:56 AM  
Anonymous duct cleaning said...

it does nothing to keep someone from purchasing a firearm in her home state, "which is presumptively the most convenient place to buy anything." Moreover the law’s purpose is legitimate - it helps stop the circumvention of state laws regulating gun possession by requiring state residents to comply with conditions of sale and similar requirement in their home state.

November 18, 2012 at 11:59 AM  
Anonymous LONDON ESCORTS said...

Welcome back. Thanks for your valuable post.I have seen the petition.Waiting to see what gonna happen

February 16, 2013 at 12:50 PM  
Anonymous Consumer Electronic said...

The court also rejected the argument that § 922(a)(3) on its face violates the Second Amendment. The individual right guaranteed by the Second Amendment is the right to possess and carry weapons for self-defense in case of confrontation

February 24, 2013 at 2:21 PM  
Anonymous Calgary shuttle to Banff said...

I truly believe that if you are active doing weight bearing exercises and getting calcium thru as many raw foods as you can, you’ll be just fine.

April 1, 2013 at 5:26 PM  
Anonymous Third party liability said...

Thanks for the share in this 9 Free Ways to Increase Blog Traffic, i have many ways for my blog to increase traffic. But this 9 ways to increase traffic is different from mine.. I will try to add this 9 ways to increase more my blog traffic.

April 27, 2013 at 5:12 PM  
Anonymous shakil said...

i am shakil

June 13, 2013 at 9:12 AM  
Anonymous lexington ky insurace said...

I truly believe that if you're active doing weight bearing exercises and obtaining metal through as several raw foods as you'll be able to, you’ll be simply fine.

May 11, 2014 at 8:28 AM  

Post a Comment

<< Home