!! SCOTUS grants cert on NYC 2A infringement case!!

Blimey · Jan 23, 2019

Airborneguy said:
Worst scenario now? Ginsberg retires and we see this case decided with an 8 person court before the next confirmation.

That wouldn't even have to happen. Any one of the republican justices could have a health issue and forced to leave. Then it's a 4:4, then Trump loses 2020, 2-3 more justices in place...you can see where we're going.

This is all a tightrope. Heller and mcdonald were razor-thin wins.

I don't know enough about the court but I've read a few people who think there is potential for SCOTUS to rule widely on this. I know we all want constitutional carry and a redefinition of what the 2nd amendment is (thereby codifying the most popular rifle, for example), but who knows.

I assume this is the article to which you refer. The Supreme Court Is Preparing to Make Every State’s Gun Laws Look Like Texas’

Airborneguy · Jan 23, 2019

I could've sworn someone had posted it already. Oops.

Steal2B · Jan 23, 2019

Anyone here trust Roberts? I heard Scalia had to enthusiastically argue and compromise his intial more pro 2A positions to get Roberts to vote with the majority on Heller.

Blimey · Jan 23, 2019

Steal2B said:
Anyone here trust Roberts? I have heard Scalia had to enthusiastically argue and compromise his intial more pro 2A positions to get Roberts to vote with the majority on Heller.

Don't ruin this!

It's rather funny that these 2nd amendment cases only hit scotus because of overzealous assholishness to begin with. Chicago could have avoided being involved in all this by just making permits a pain in the ass but instead they said no, you don't get anything. Only then did scotus shut them down.

And now NYC through an absolutely asinine law, which I'm sure will get struck down (our main question is how broad the ruling is on the 2nd in general), has poked the bear again.

If this ends up being something like constitutional carry, which is plausible, the grabbers only have themselves to blame.

Steal2B · Jan 23, 2019

Blimey said:
Don't ruin this!

It's rather funny that these 2nd amendment cases only hit scotus because of overzealous assholishness to begin with. Chicago could have avoided being involved in all this by just making permits a pain in the ass but instead they said no, you don't get anything. Only then did scotus shut them down.

And now NYC through an absolutely asinine law, which I'm sure will get struck down (our main question is how broad the ruling is on the 2nd in general), has poked the bear again.

If this ends up being something like constitutional carry, which is plausible, the grabbers only have themselves to blame.

Do not get your hopes up. I would not be shocked to see Roberts make this an already arranged 4-4 tie to let the lower court judgement stand.

Between a healthy distrust in Roberts, and my personnal opinion the previous work done by the Plantiff's council was less than stellar, I am nervous about a disappointing conclusion. Even with a win, our Constitution and Rights deserve more than any outcome I can foresee. When this case is all said and done, in the end our rights in NYS will still be infringed

Airborneguy · Jan 23, 2019

Steal2B said:
Anyone here trust Roberts? I heard Scalia had to enthusiastically argue and compromise his intial more pro 2A positions to get Roberts to vote with the majority on Heller.

That was Kennedy.

Steal2B · Jan 23, 2019

Airborneguy said:
That was Kennedy.

It may also have been Kennedy (who I found to be consistently left of center) but Thomas and his office cited arguments and compromise between Scalia and Roberts.

It is true that Judge Stevens claimed he persuaded Kennedy to ask Scalia to revise his already written majority judgement on Heller. Apparently there were no judicial papers or confirmation released yet to support details of that claim. There are rumours that the anti 2A nutcase Stevens may have arranged for the release of his notes after his passing.

Steal2B · Jan 23, 2019

Airborneguy said:
That was Kennedy.

Kennedy was indeed the swing vote in Heller and Stevens got in his head for MacDonald. I only heard about fireworks and dilution with Roberts during a speaking engagement conversation.

Blimey · Jan 23, 2019

Well I hope we lose this one. If it doesn't go our way NY SAFE 2 will come in hot.

Actually, it would be great if they just did NY SAFE 2 soon anyway and then this immediately upended it. My guess cuomo is not going to do a damn thing about guns in NY state until this is done, else it would make him look like a fool to his sycophants (insofar as they capable of this opinion).

Airborneguy · Jan 23, 2019

Why do you hope we lose it?

Blimey · Jan 23, 2019

Airborneguy said:
Why do you hope we lose it?

lol, I meant win. I'll just leave the post as is so that your question makes sense.

Airborneguy · Jan 23, 2019

Lol i sort of figured but you never know. There are actually people here who want to see the court route fail.

ProgSpear · Jan 23, 2019

Airborneguy said:
Lol i sort of figured but you never know. There are actually people here who want to see the court route fail.

Nope. Not me. I'm too old for that kinetic stuff.

ArmedCorgi · Jan 23, 2019

Blimey said:
lol, I meant win. I'll just leave the post as is so that your question makes sense.

Blimey! Cripes man, bloody hell.

Mosinitis · Jan 23, 2019

Airborneguy said:
Lol i sort of figured but you never know. There are actually people here who want to see the court route fail.

I want the same thing you want, but I am being realistic about the system. I am realistic when I say SCOTUS will never uphold the 2A in a way that matters and I am realistic when I say we will win this case. How much of an effect will this win have on NY laws is another story. I predict none and hope you will prove me wrong.

Jmac · Jan 23, 2019

prambo said:
It would be easier and a hell of a lot more satisfying to toss NYC out of NYS and the USA, cut off their electricity and water supplies and demand up front payments for re-connection in the billions of $$$$, with yearly fees that border on astronomic. Starve the beast.

It's a pipe dream I know, but I loath NYC, and yes I did live there once, many moons ago.

All their water comes from upstate, let’s squeeze them

Edwardteach72 · Jan 24, 2019

Here is my question, not sure if it has been brought up yet, I havent seen anything, but does anyone know when this case is scheduled to be heard?

Truebeliever · Jan 24, 2019

Onegunnotenough said:
All that I know is I can't wait to see how this turns out. I have been waiting for this since they took my target permit and gave me my fake premise permit, which doesn't allow you to take pistol out of the house. Only nyc license division verbally says it's ok to take only to a range in 5 boroughs. If the justices take the case on its merits,we can't loose. No other state does this...New Yorkistan is they only one..

It’s back by case law. The judge says they can do that.

I hope SCOTUS overturns this

kev74 · Jan 24, 2019

Edwardteach72 said:
Here is my question, not sure if it has been brought up yet, I havent seen anything, but does anyone know when this case is scheduled to be heard?

October.

Calculon · Jan 24, 2019

Just enough time to replace rbg.

Saltwater60 · Jan 24, 2019

Celt said:
This sounds good to me.

"While ruling the law unconstitutional would seem to only overturn New York City’s law, LKB expects a narrowly crafted opinion that declares that any law that restricts Second Amendment rights would be subject to strict scrutiny, the highest possible threshold. If that were to happen, it . . . …would nuke just about all the Heller-agnostic Court of Appeals rulings out there (which typically hold that 2A challenges get only intermediate scrutiny or rational basis review), and make it very hard for district and circuit judges to continue to wink at Heller. When laws are subject to “strict scrutiny” constitutional analysis — for example, laws that impose prior restraints on free speech — almost never survive the challenge. That would mean our friends living behind enemy lines in states like California, Washington , Hawaii, New York, New Jersey, Massachusetts, Connecticut and Maryland would have many of their constitutionally protected gun rights restored. "

Sure. I’ll be waiting for that. Then if that’s the case as stated above and Roberts being a swing vote how is this a narrow decision with this broad of an impact. I sure hope it works this way. If not we be screwed.

Celt · Jan 24, 2019

Saltwater60 said:
Sure. I’ll be waiting for that. Then if that’s the case as stated above and Roberts being a swing vote how is this a narrow decision with this broad of an impact. I sure hope it works this way. If not we be screwed.

Gotta have something to hope for.

nortatoga · Jan 24, 2019

One thing that I hope does not happen is that NYC could repeal the law rather then lose in Court.

Airborneguy · Jan 24, 2019

nortatoga said:
One thing that I hope does not happen is that NYC could repeal the law rather then lose in Court.

Too late for that.

nortatoga · Jan 24, 2019

Airborneguy said:
Too late for that.

Is it? Not being a smartass as I said I hope not!

ProgSpear · Jan 24, 2019

Jmac said:
All their water comes from upstate, let’s squeeze them

and electricity.

!! SCOTUS grants cert on NYC 2A infringement case!!

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