The following excerpt is from Winstanley v. Port Auth. Of N.Y., 615 F.3d 129 (2nd Cir. 2010):
Second, there can be no question that this statute is couched in mandatory, rather than precatory, terms. Blessing, 520 U.S. at 341, 117 S.Ct. 1353; cf. Muscarello v. United States, 524 U.S. 125, 134, 118 S.Ct. 1911, 141 L.Ed.2d 111 (1998) (observing, in dicta, that 926A specifically entitle [s] a person not otherwise prohibited ... from transporting, shipping, or receiving a firearm to transport a firearm ... from any place where he may lawfully possess and carry it to any other place where he may do so (emphasis added, alteration in original) (quoting 18 U.S.C. 926A)). Section 926A therefore unambiguously impose[s] a binding obligation on the States. Blessing, 520 U.S. at 341, 117 S.Ct. 1353. Thus, the first and third Blessing factors support the conclusion that the statute creates an individual federal right.
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