Root: Striking Down New York’s Gun Control Laws Would Be a Victory For Criminal Justice Reform

Previous Post
Next Post


handcuffs hand cuffs arrest


According to the public defender groups, New York’s [gun control] scheme has had predictably “brutal” consequences for their clients. They have been “stopped, questioned, and frisked,” “forcibly removed” from their homes, locked up “in dirty and violent jails and prisons,” and “deprived….of their jobs, children, livelihoods, and ability to live in this country,” all “because our clients exercised a constitutional right.”

It’s possible that such arguments will resonate with Justice Sonia Sotomayor, the Court’s leading critic of overpolicing and related law enforcement abuses. As the public defenders make abundantly clear in their brief, a Supreme Court decision against New York’s gun control scheme would be a victory not only for the Second Amendment but for criminal justice reform too.

— Damon Root in Public Defenders vs. Gun Control

Previous Post
Next Post


  1. Even after reading the linked article, I freely admit I’m not familiar enough with NY’s laws or problems to provide an effective comment on them. I visited Manhattan once…that was enough to convince me I don’t ever need to go there again.

    I’m born and bred California stock, so I can comment on what we have here, and Gov. Newsom just signed off on more loony bills in the wake of his Recall Election survival (or steal, depending upon your POV). More gun control bills are coming down the pipeline as we speak. The Democrats hate your guns, hate your freedom, and hate you for thinking anything other than exactly what they think.

    • Yeah I haz, when I finally escaped, they had recently implemented the background check for ammo. I tell people about that where I live now and they look at me incredulously and just shake their heads. Some people even think I’m telling a tall tale because of how asinine the gun laws are in California.

      • But what % of the looney Kommiefornia politics did you take with you to your residence. And don’t claim ZERO as that is VERY improbably. The entire state is radioactive to freedom.

        • Wow neiowa, pretty judgmental of you for not knowing me. First of all, the proper word is improbable, not improbably. Second, I do have to ask, are you pretty new on this message board? I only ask because I’m pretty regular… and opinionated, so that should have given you an idea of where I lean, just saying. And third, I just said I escaped… so obviously it means I didn’t care for the politics in California too much. Believe it or not, there are pockets of deeply conservative people in California. Not much I grant you, but they do exist. I should know, I’m from one of those places and am one of those conservatives. And while those cities do provide a safe haven of sorts, the overarching politics run by LA and San Francisco don’t give us much wiggle room. But beyond what I have stated, I don’t plan to discuss this anymore as it would be a waste of my time since you made the assumption (you do know that to assume makes an “ass of you and me [ass-u-me]) right from the start, of my political beliefs without evidence; after I even stated that I ESCAPED… not something usually stated if you have even some ties to your former residence political beliefs. And while I could be talking out my ass and not believe a single thing I state, usually fakers will be found out sooner or later. Considering all of this, I really doubt I could convince you of my political beliefs nor do I really care what you think about me. But just a suggestion, while words are just words, there are plenty of people on here that really believe their own words (or in some cases… such as myself, rants)… even from California. And while I agree that the overarching California political scene is toxic, there are plenty of people who have to deal with it, who aren’t corrupted by it. But coming on here and assuming these things about Californians, New Yorkers, etc. who genuinely have to suffer through the idiotic liberal laws and can’t do anything about it (because they are extremely outnumbered where they live) does a disservice to them and honestly only helps the liberal trolls (cough, dacien) on here. Remember, a house divided cannot stand (the Bible is very wise on this issue). Maybe instead, talk with all of us in the threads and get to know us. You might be surprised.

        • @Mike,

          1) Sounds like you and I are in lockstep regarding our political & biblical stances.

          2) Yes, the new laws ushered in by Newsom (including the expansion of the ERPO/Red Flag set) are real and horrible.

          3) ‘neoiwa’ has been here on TTAG a long time.

    • Just looked into the laws that have come about. Wow those are horrible, but I think the worst one was the expansion of the red flag law. I don’t even see how that could be legal. If I read it correctly, it allows co-workers, bosses, teachers, and others not even related to you, to make a claim against you. So if you have a co-worker that does not like you, they could theoretically make a red flag law claim against you and have your guns taken away without any recourse for you. So will you be able to sue your co-worker for making a false claim against you? I would think this law should be unconstitutional.

    • New York and NYC…not exactly the same thing…the latter often guilty of thinking the constitution doesn’t apply to them…

    • @I haz… oh, didn’t know that neoiwa has been here for a while. Didn’t want to make assumptions in my post but was asking because his comment really surprised me. I guess I took exception to his comment because while I don’t care what people think about me in general, being lumped in with California liberals is worse to me then someone calling me a Nazi (thinking of lil’ d making that claim about all conservatives with that one… and heck, I let dacien have it for that one as well). What really bugs me though is that we keep having our own people bash us as we also deal with these liberal trolls and as I said above, we cannot stand if we are constantly fighting each other… and honestly, the likes of dacien and some of the other liberal trolls have to be laughing at us as we fight amongst ourselves. I’d rather we all band together against these liberal trolls when they try to push disinformation or in dacien’s case, stuff he’s pulled from his butt.

      • Agreed. I have frequently (and verbosely) taken issue with outsiders lambasting all Californians as being “fruits and nuts”. They simply do not understand that we have literally millions of conservative (and often God fearing) gun owners here, more than the populations of most States.

        Let all blame be directed to where it’s due: Sacramento, Newsom, City Mayors, etc. Not those of us behind enemy lines.

    • I’m gonna guess (“assume”) neiowa is one of those folks who also tells people from CA, NY, etc. that they “deserve” what they vote for… even though lots of those folks never once voted for any of the abuse heaped upon them by Newsom, FUAC (bye, buddy!), or anyone else.

      I, too, am an escapee – from NY, not CA. I moved to a deep red state because I couldn’t take the abuse anymore. “Escape” is the key word. I left behind friends and family to get away, and I resent that the state government effectively drove me out of my home.

      I also lived in CA for a time. It’s a lot like NY in some ways – lost to the left, but a beautiful state that deserves better. I met quite a few great people out there, including more conservatives and gun owners than I expected.

  2. Placing trust in a wise Latina to make a wise decision sounds like a fools bargain to me.

    • Yeah, but…

      You have to admit though, it’s tempting to think she may join Thomas on the basis of that argument.

      It’s plainly clear the legal folks with guns aren’t a problem, and as Deborah reminds us (daily), gun control is literally legal racism in action.

      Who knows? Fun to ponder… 😉

      • @Geoff, it may be fun to think about, but in the end, we all know that woman will side with the liberal agenda every time. But what do we expect when it was Obama who pushed her through.

    • she knows Latina’s are subjected to the same racism persecution blacks are. This might give her some incentive to do the right thing here and put an end to this racist New York gun control persecution scheme.

  3. Good luck with that. Sonya doesn’t want less oppression. She wants more oppression spread around equally. Just like all leftists. Harrison Bergeron for equity and breadlines are good for a sense of community.

    • “Harrison Bergeron for equity…”

      I had fun with a Leftist recently and pointed out ‘Harrison Bergeron’ was literally the end game of ‘equity’.

      It’s the only way to ‘fairly’ deal with those smarter, stronger, and better looking than the rest of humanity…

      • I had to watch that movie on youtube, I just did not recognize the name(must be my pre-Alzheimer’s). I know I had read it. Nothing says more about our society that the books by George Orwell, Heinlein, Philip Dick, Roger Zelazny, Delany and Kurt Vonnegut. Even though they were much different politically, they seemed to have predicted everything that has come to pass.

  4. Even criminals retain the right to defend their own life with firearms, even if we disapprove of them and their lifestyle.

    They do not have a right to use firearms or any other weapons to commit crimes against other people.

    And THAT is the purpose of the Second Amendment – if someone attempts to commit a crime with a firearm EVERYONE ELSE has the ability to correct their error in judgment.

    • I think that is very true. Most criminal acts are done by people that want to take the easy way out, and not “earn” what they have legally.
      Many of those who are habitual criminals do not want to hurt anyone and are wise enough never to pick up a gun to go along with them in their crime.
      These people live at the bottom of society, but does that mean they do not have a right to defend themselves from the more violent neighbors?

  5. All very true. It’s interesting to see A2 freedom approached from this view. I just hope that this isn’t a foothold the anti-A2 groups can use to twist gun advocacy into something it isn’t just to get more control… and you know that these gun control groups would sell their own mother or grandmother out to get what they want. I just worry that these A2 groups could point to this to say “see, gun rights groups are advocating for criminals to have guns.” Maybe it’s an unfounded worry, but with these gun control groups, I wouldn’t put anything past them.

  6. Don’t count on that “Wise Latina” to do anything good. Ever. She is far and away the most utterly stupid SCOTUS Justice in the last fifty years (which is really saying something) and a diehard statist.

    Besides, anyone arrogant enough to call herself a “wise” Latina clearly believes that she is better than the rest. Guess what — she’s worse.

    • “Besides, anyone arrogant enough to call herself a “wise” Latina clearly believes that she is better than the rest.”

      The louder anyone proclaims themselves to be superior is proof they are far *far* from it… 😉

      • But Geoff, isn’t that what a liberal is? They spout equality, but feels they are better then everybody else. We see it with our liberal troll little d all the time. He comes in spouting his liberal nonsense (rarely with any supporting evidence and almost always off topic), which we all refute every time, when we can be bothered to even reply to him, yet he is the one that constantly calls us hillbillies, non-intellectuals, and Nazi’s. Liberals are the ultimate at projecting their negative qualities onto others and are the ones trying separate themselves from everybody else.

      • “The louder anyone proclaims themselves to be superior is proof they are far *far* from it… 😉“

        True, here’s an example:

        “Trump defended himself on Twitter on Saturday.

        “My two greatest assets have been mental stability and being, like, really smart,” he tweeted.

        In a subsequent tweet, he said how the fact that he won his presidential bid on his first try “would qualify as not smart, but genius….and a very stable genius at that!”

  7. Heh, for a moment I thought this article was quoting ‘The Root’, which is a fffaaarrr left black nationalist website. But nah, Reason is just quoting a guy named Root.

    ‘couse even weird-os like The Root deserve gun rights too, they’re just suspect individuals in general.

  8. The source of this amuses me honestly.Lets see if they get called out for being off the plantation. I mean it’s funny that the Democrats will tell you with half their face that the police are racist, corrupt bigots who can’t be trusted and yet we should trust them to be the only ones who have arms with the other.

  9. As much as I don’t like the thought of certain people having arms, people who are not on parole, probation, supervised release, or in jail or prison should have the same access to arms that everyone else does assuming that their troubles weren’t caused by criminal misuse of a firearm or other weapon.

  10. Detained? – must be from Pre-bail reform. Got a text from relative still in NY State (not nyc) A local got $1 bail for a bank robbery, the driver got a”personal” bond? appear on this date, get out of of jail card. IT’s a very frequent event, criminals back on the street in hours committing crimes 2 & 3 times a week. FYI, he lives near Albany.

    • The one about 2 months ago? Well armed robbery was supposed to be a charge that you would still need bail for and not surprised if it was only a dollar at this point. Would it have been city of Albany or the county sheriff’s that got him?

      • News report was just last week. A small town outside of Albany. I knew NYC went Ogden Gone Nuts – but he texted it was not NYC but a town near him.
        Small town? maybe it was the Sheriff and a Albany Judge that set the bail.

        • I will have to look for it, for some reason the local news does not like reporting a lot of the relevant crime drama the region has been seeing since bail reform. Only knew about the previous one because I had the scanner on at work and realized it later led to a shooting a few blocks from my building. With all that said a lot of NYC refugees and gangs moved up this way to escape and set up shop so we are seeing a bit of a surge in our local crooks and a massive spike from the transplants and there is not a lot of coverage especially since Talk 1300 cancelled Road Rage a while ago.

        • @ SAFEupstate – U 2 have a lot in common- he uses a scanner (portable) also for the same reason, lack of actual news coverage. Same, shootings near by, in some cases near where he lives. He’s one of the lucky, CCL with no restrictions, and he caries daily.
          Where I live – all police, fire & EMS are digital & scrambled – no local reports to get out on actual crime. Even bank robberies go unreported here. City developers wants to keep that “Safe Community” Award. If i were to join the local HAM radio club & the emergency response (Club) team, I could get the program downloaded by the local sheriff department for Citizen Band.

  11. IF they have paid their debt to society completely, jail/prison, probation/parole, supervised bs or whatever and all fines, costs AND restitution, ALL rights should be restored.
    If the person isn’t fit to have a weapon to protect themselves than they shouldn’t be out in society.

  12. Anything’s possible.
    And when I win the lottery I’m building a shootzing range next to Bill Gates place.

    • @Possem, if that happens, also put up a big billboard with Trump’s face looking right at Gates property and says, I’m your president. That’ll really piss him off. 🤣

      • Ima Biden Man.
        I was thinking more of a mural, bright red background with a few gold stars on it filling the horizon, small American flag in the foreground, on top of a trash heap with some windmills on it making lectric, Biden standing there on top of a brown piece of parchment, looking proudly at the flag,with his left hand placed on his chest.
        Something patriot.

  13. “It’s possible that such arguments will resonate with Justice Sonia Sotomayor..”

    It’s possible that Jennifer Lawrence will show up naked at my door but it seems about as unlikely.

  14. I’m glad you’re doing your part by keeping your ear to the ground but the Root is regarded as African American version of the Daily Stormer. Whatever they say, they only echo and spin Black viewpoints and then write articles to be consumed by an urban White audience.

Comments are closed.