Tuesday 29 September 2015

N.Y. prosecutor bans staff from owning guns

A policy banning prosecutors from owning guns may violate the Constitution.

A policy banning prosecutors from owning guns may violate the Constitution.

The Nassau County acting district attorney on Long Island in New York is under fire after issuing a directive to prosecutors under her jurisdiction banning them from owning handguns.

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Only those prosecutors under the Nassau County perview who receive a special exception from the acting district attorney, Madeline Singas, are exempted from the order, Fox News reported.

The directive states: “[A]ssistant district attorneys are not permitted to apply for a handgun permit nor own or possess a handgun while employed by the Nassau County district attorney. Any exception to this policy must be in writing and approved by the district attorney.”

But the office is already facing backlash.

Eugene Volokh, a professor at U.C.L.A. School of Law, said the policy conflicts with Second Amendment rights and with at least one state statute that allows employees to collect handguns as a “lawful” activity..

“Prosecutors often have special reasons they may want to be able to defend themselves,” he said to Fox News. “I’m not arguing they should have extra rights beyond what everyone else has. I’m arguing they should have the same rights.”

The district attorney’s office said in a statement the “practice of asking prosecutors to not possess handguns is to ensure the safety and comfort of staff, victims and witnesses, and is consistent with other district attorney’s offices in the New York City metropolitan area.”

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The National Rifle Association has weighed in, saying Singas’ policy “especially expose[s]” Nassau County prosecutors to those who would do harm.

 


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