TexasCHLforum.com

We saw one of the most surprising court filings in recent memory this week.

New York argued its “good moral character” clause, which allows officials to subjectively deny gun-carry applicants, is similar to 17th Century prohibitions on Native Americans or Catholics owning guns, and that’s why it should be upheld. The state not only admitted its law is rooted in historical bigotry but said it should be upheld regardless. Or, rather, it should be upheld because of that fact.

“From the early days of English settlement in America, the colonies sought to prevent Native American tribes from acquiring firearms, passing laws forbidding the sale and trading of arms to Indigenous people,” the filing from the office of Attorney General Letitia James (D.) reads.

New York then cited historical laws in England and America denying people their gun rights based on religion as another example of the tradition its requirement is based in.

“[E]ven after the English Bill of Rights established a right of the people to arm themselves, the right was only given to Protestants, based on a continued belief that Catholics were likely to engage in conduct that would harm themselves or others and upset the peace,” the filing said.