New York City Backs Off Gun Restrictions To Avoid Supreme Court Defeat

[Cavalier Knight]

The Supreme Court should dismiss a challenge to New York City’s gun transportation ban because a new ordinance will moot the case, city lawyers told the justices Wednesday.

The ordinance and a newly enacted state law will give the plaintiffs who challenged the transportation ban everything they have sought in court, making dismissal the appropriate course, city lawyers wrote in a letter to the high court.

“The new city regulation gives petitioners everything they have sought in this lawsuit,” assistant corporation counsel Richard Dearing wrote. “The new state law, upon signature by the governor, will make the case doubly moot.”

New York City Backs Off Gun Restrictions To Avoid Supreme Court Defeat

SCOTUS - Letter dated July 3, 2019 of City of New York, et al. submitted: http://www.supremecourt.gov/DocketPDF/18/18-280/107174/20190703170251906_Letter to Supreme Court.pdf

 

[Celt]

Fuck these assholes for trying to subvert the system. I think the court will say "too bad" because the state could just change the law again. And the case is also about the level of scrutiny given to 2a cases.. we really need strict scrutiny to be established for all 2a cases.

 

[togmaster]

Hopefully the Supreme Court will see right through this bullshit

 

[ArmedCorgi]

Hopefully the Supreme Court will see right through this bullshit

I think they already have. I'm pretty sure they don't like it when this kind of stuff gets pulled.

 

[Celt]

https://www.thetruthaboutguns.com/new-york-desperately-tries-to-squirm-out-of-scotus-case/

Check this article out. In this article it says the state sent s "strongly worded" letter to scotus and from the quotes it was very defiant.

 

[Mosinitis]

Where is the challange to Sullivan law? Where is the challange to SAFE act?

 

[ArmedCorgi]

Where is the challange to SAFE act?

That died with Scalia.

 

[Mosinitis]

I am so sick and tired of these token victories. Nothing of substance.

 

[MothMan]

If the high court does nothing then the shitty will write a rule/regulation putting the restrictions back on. I want to think the court knows that.

 

[holdover]

Yeah ,and where the hell is Ruth Ginsburg?

 

[prambo]

Yeah ,and where the hell is Ruth Ginsburg?

Ruth Baader-Meinhof is alive and well with Antifa in Portland - she mixes the cement "milkshakes".

 

[Shadow2]

Did you notice the disclaimer at the bottom

"Disclosure: The reporter’s wife was involved with this litigation."

Rights where already denied. Now you get to be held accountable for it and the next court inline gets to grant compensation. Shale issue unrestricted carry sounds about right, what do you guys think.

Did NYC open up a new can of worms? whats the logic in letting NYC permit holders being allowed to travel throughout the state but state permits can't travel into NYC? What narrowly tailored public safety goal does that promote.

 

[Shadow2]

On the plus side their is a NJ back up case in a holding pattern.

https://www.ammoland.com/2019/05/sc...ey-carry-case-pending-decision/#axzz5sy753qND

 

[MothMan]

On the plus side their is a NJ back up case in a holding pattern.

https://www.ammoland.com/2019/05/sc...ey-carry-case-pending-decision/#axzz5sy753qND

As one vulture once said to another vulture,” patience hell I’m going to kill something “.

 

[VietnamEraVet]

Did you notice the disclaimer at the bottom

"Disclosure: The reporter’s wife was involved with this litigation."

Rights where already denied. Now you get to be held accountable for it and the next court inline gets to grant compensation. Shale issue unrestricted carry sounds about right, what do you guys think.

Did NYC open up a new can of worms? whats the logic in letting NYC permit holders being allowed to travel throughout the state but state permits can't travel into NYC? What narrowly tailored public safety goal does that promote.

I’m afraid of Robert’s,- he is looking more and more like a liberal turncoat. IF however, he holds it together for this, everything I have read indicates that this case could have far reaching potential. IF SCOTUS rules that strict scrutiny must be used with all 2A rulings, it could knock out a pile of laws on appeal, including Sullivan and Safe for starters.

I also think it could be very interesting to see SCOTUS rule that it must be a two way street, and that if persons with an NYC permit can carry outside the 5 boroughs, that those of us likewise with non NYC permits must be allowed to carry throughout the entire state as well. Now that is something I really want to see! It would be absolutely great to see Deblasio, DA Vance, the Princess, and many others lose their shit over such a ruling.

 

[Grimscale]

Shale issue unrestricted carry sounds about right, what do you guys think.

I think it's crap.
You're still having to get "permissions" to exercise a Right. You're still unable to even TOUCH a pistol in NY unless you beg the Albany Reich for their approval first.

Fuck that.

Any firearm with a NICS check only. No more restrictions on standard capacity, no more restrictions on cosmetic additions, no more restrictions on additions that improve handling and safety, and NO MORE DATABASES!

 

[ArmedCorgi]

I think it's crap.
You're still having to get "permissions" to exercise a Right. You're still unable to even TOUCH a pistol in NY unless you beg the Albany Reich for their approval first.

Fuck that.

Any firearm with a NICS check only. No more restrictions on standard capacity, no more restrictions on cosmetic additions, no more restrictions on additions that improve handling and safety, and NO MORE DATABASES!

I'd take it a step further and say no more NICS.

 

[Mosinitis]

Liberals get what wasn't even imaginable few decades ago. Conservatives can't even get the rights they already had restored. That's a victory for idiots and partisan fanatics. Fuck that.

 

[pramaglia]

I hope the SCOTUS not only hears this case and rules against NY City, I hope they also rule against the Safe Act.

 

[Celt]

I hope the SCOTUS not only hears this case and rules against NY City, I hope they also rule against the Safe Act.

I hope the scotus rules that strict scrutiny must be applied to all Second Amendment cases. That opens the door to address any cases where a lesser level of scrutiny has been used, like the unSafe Act for instance.

 

[MothMan]

Oh please, from Celts keyboard to SCOTUS law clerks ears!!!

 

[Edwardteach72]

Yea I believe NY did the law change and wrote SCOTUS saying hey look no need to hear this case cause look we changed our law, and SCOTUS said nah fuck yall we are still hearing this case....

All if this scrambling from NYC and everything they seem to be saying trying to keep it out of the court shows even the state knows it will lose.

This is pretty similar to how Washington D.C. became a shall issue vs may issue. And when the courts ruled they had to issue carry licenses they decided NOT to try and get SCOTUS to take the case fearing they would lose setting precedent through out the country for shall issue vs may

 

[Karpteach]

Yeah ,and where the hell is Ruth Ginsburg?

One can only HOPE.

 

[Edwardteach72]

Honestly this is an extremely small victory and when (if) SCOTUS rules anything in our favor from this case it will be a small victory but a victory none the less to build on

 

[Edwardteach72]

I hope the SCOTUS not only hears this case and rules against NY City, I hope they also rule against the Safe Act.

They won't be taking up the safe act, I believe they already turned that down years ago

 

[ArmedCorgi]

They won't be taking up the safe act, I believe they already turned that down years ago

They didn't turn it down. NYSRPA withdrew after Scalia died.

 

[Bob]

They won't be taking up the safe act, I believe they already turned that down years ago

After being handed a large defeat at the Second Circus, NYSRPA chose not to appeal to SCOTUS. This was right after Scalia's passing, and NYSRPA didn't think they had a chance.

 

[Celt]

They didn't turn it down. NYSRPA withdrew after Scalia died.

Waiting with bated breath for them to refile.

 

[Bob]

Waiting with bated breath for them to refile.

Not an option.
Once the lower court has ruled (or declined to hear a case) there is a 90-day window in which to petition SCOTUS to take the case. Withdrawing or discontinuing a case doesn't pause or restart the clock. The ship has sailed. In order for the SAFE Act to go in front of SCOTUS now, it has to be a new case.

 

[Celt]

Not an option.
Once the lower court has ruled (or declined to hear a case) there is a 90-day window in which to petition SCOTUS to take the case. Withdrawing or discontinuing a case doesn't pause or restart the clock. The ship has sailed. In order for the SAFE Act to go in front of SCOTUS now, it has to be a new case.

Thank you for the insight. That explains even further why the Marine who was arrested under Safe Act charges is now going to have those charges dismissed.