When Public Defenders Acknowledge the Second Amendment’s Second Class Status

With respect to the legal arguments, under whatever level of scrutiny you use, what is happening in New York cannot possibly be consistent with a constitutional right. There are no other constitutional rights for which the government gets to decide, in its own discretion, whether you get to exercise it at all. Even rights that might create challenges or even cause harm, like free speech.

But for some reason with the Second Amendment, New York has total discretion over whether you can possess a firearm at all, anywhere.

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