INSANE! Government says gun owners are GUILTY until PROVEN innocent in New York!

Ex-Prosecutor Tom Grieve examines the legal position taken by New York in their lawsuit defending their sweeping gun control laws. Filed on February 21, 2023 New York claims that the state can use arrests that did NOT lead to convictions to deny and disbar people their core 2nd amendment right to carry a firearm.

From their brief:

"Indeed, it is clearly constitutionally appropriate to apply [citations omitted, but the law in question] under numerous scenarios. For example, where an individual has been convicted of, or is under indictment for, a violent crime. Nor is it per se unconstitutional to consider criminal charges that did not result in a convictions [sic]. For example, an individual may be charged with serious, violent crimes and then plead to lesser violations in exchange for testimony that implicates the individual in violence. Or, criminal charges may be dismissed on speedy trial grounds or due to procedural defects in an investigation or prosecution, despite ample evidence that the individual did in fact commit the charged crimes. It does not run afoul of the Second Amendment to consider past arrests, charges, and convictions to determine whether an applicant for a firearm is "responsible" and "law-abiding." According, [citations to the proposed gun control law] are not facially unconstitutional, because they can be constitutionally applied."

Wow.

This position effectively eliminates not only the presumption of innocence but also is a direct attack on due process, speedy trial, and the 5th and 6th amendments to name just a few things.

What is New York thinking? Did an adult actually proof read their brief before filing it?

Wisconsin Department of Workforce Development (DWD)
Q. Can an employer refuse to hire a person because of a record of arrest that did not lead to conviction?
A. No. An employer is not allowed to ask about arrests, other than pending charges.
https://www.doj.state.wi.us/dles/cib/cib-frequently-asked-questions

US Equal Employment Opportunity Commission (EEOC)

Arrest Records Are Treated Differently. An employer cannot refuse to hire people simply because they have been arrested. The fact that a person was arrested is not proof that they committed a crime.
https://www.eeoc.gov/arrestandconviction

Housing and Urban Development (HUD)
Q2: Why is the fact of an arrest not itself a permissible basis for making a housing decision?
A2: The fact that someone was arrested means only that the person was suspected of having committed an offense. Further investigation may have shown that no criminal activity actually occurred, or that the arrested individual did not in fact commit an offense. Consequently, the fact of the arrest itself does not prove that a person engaged in disqualifying criminal activity, poses a threat, or has otherwise violated admission standards or lease terms relating to criminal activity.
https://www.hud.gov/sites/documents/FAQ_EXCLUDE_ARREST_RECORDS.PDF

2023 State of the 2nd Amendment
https://youtu.be/G7Q7dwmWz_4

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https://youtu.be/aT-DH4Zx54k

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Legal Disclaimer: nothing in this video is offered as legal advice or a formation of attorney-client relationship. If you want to hire my firm to be a client, you need to do just that and hire us... not watch us on the internet. If that offends your delicate sensibilities, just stop and be an adult. If you are outside of Wisconsin and want an attorney, contact one near where you are and stop trying to blame the internet and other people for your problems.

Link to attorney Tom Grieve's brief bio
https://www.grievelaw.com/CriminalDefenseAttorneys/TomGrieve

#2ndamendment #guncontrol #lawyer