Two weeks before Efrain Alvarez and his attorneys asked the U.S. Supreme Court t...
NEW YORK - Two weeks before Efrain Alvarez and his attorneys asked the U.S. Supreme Court to hear their challenge to a New York City regulation that limited where licensed handgun owners could transport their weapons, police officers showed up at his Bronx apartment and took away all his firearms.
The officers arrested Alvarez, and he was charged with filing a false police report over a claim that one of his handguns had been stolen, a misdemeanor. As a result, Alvarez said, the very handgun license whose transport restrictions he is challenging has been suspended for the second time this decade.
After the regulation was amended in July to allow for transporting handguns outside New York City, city officials unsuccessfully asked the Supreme Court to drop the matter and cancel the arguments, asserting that the case was moot. In the lawsuit, he and the two other gun owners are described as “law-abiding residents of New York City.” Alvarez does not think his own legal troubles make it awkward or inappropriate for him to challenge the regulation.Alvarez also said he accepted a deal last week offered by the Bronx district attorney’s office to drop the charge in six months if he is not arrested again.
“If a bad apple grabs a gun and he does something stupid, it kind of falls on me because I’m part of what’s going on. So it would kind of hit a sore spot,” added Alvarez, who said he admires the NRA but disagrees with some of its policies.The plaintiffs appealed to the Supreme Court after a lower court found that the regulation did not violate the Second Amendment and advanced the city’s interest in protecting public safety.
Gun control advocates fear that the conservative-majority Supreme Court could use the case to expand gun rights and threaten a wide array of gun control measures nationwide such as expanded background checks and “red flag” laws targeting the firearms of people deemed dangerous by the courts.
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