Now that we won NYSRPA V Bruen, what comes next ?

[Edwardteach72]

(I'll update this with the actual cases, where the are from, where they are in the court system, and what they are in relation to for the 2A. Just need to find them all and put them in a coherent order oldest to be newer)

Like the title says, now that we won NYSRPA V Bruen, what comes next. Well I'd like to believe we all are up to date with all the 2A cases going through the court system, but I've leaves from following many of the California cases and even the Bruen case, large number of gun owners don't actually know what is going on until the final hours. So I'd like to put a little thread together to try and keep as many in the loop as possible.


Many people want to go after the SAFE ACT next (me included) but many of those people might not know there are 2 (or more see opening statement) AWB cases waiting supreme court cert right now, one from California and one from Maryland.

California has another AWB that has been put on hold awaiting the Bruen decision, and that California case is actually holding up something like 3 or 4 other cases in the 9th Circuit.

Subsequently there is also the NJ concealed carry and Young V Hawaii (concealed carry case) that were waiting to see of SCOTUS was going to grant cert.

Let's also not forget, there are two separate bump stock cases in two different circuit courts as well


TL;DR
There is going to be many new 2A lawsuit filed in the coming days/months, but more exciting, there are already a handful of very big 2A cases in the courts that were just waiting for the NY case to be ruled on

 

[livingston]

I still fear a corrupt court system... The lower courts are filled with liberal judges

 

[Modean]

This is the part that stinks. Even though we got a good ruling, and the infamous 2-part test the appellate courts love has been negated, individual suits have to be filed to overturn each bad law.

 

[Edwardteach72]

This is the part that stinks. Even though we got a good ruling, and the infamous 2-part test the appellate courts love has been negated, individual suits have to be filed to overturn each bad law.

But these suits have already been filed, and have been waiting for about a year now.. 2 or 3 of which even being distributed at conference

 

[Edwardteach72]

Update*** cases to know about and keep an eye on

1st out of California/9th Circuit

Rupp vs. Bonta, deals with California AWB

Miller vs. Bonta, deals with California AWB

Duncan vs. Bonta, deals with California Magazine ban. (The above two are waiting on this ruling)

Duncan being the oldest case of the 3, the other 2 are both stayed awaiting a ruling on Duncan before the 9th Circuit rules on the other two.

________________________________________________

Young v Hawaii, carry case, out of Hawaii/9th Circuit *

* this one made headlines a few months back with the 9th ruling no one has a right to carry a gun outside their home

_______________________________________________

Next out of New Jersey/3rd Circuit

ANJRPC vs. Grewal, has to do with NJ magazine ban.

________________________________________________

Next out of Maryland/4th Circuit

Bianchi vs. Frosh, has to deal with Marylands AWB

 

[kev74]

What comes next?

A new generation of 2A advocates gets to learn that when you're fighting commies, winning just means that you get to keep fighting.

 

[Celt]

Keeping freedom takes work, trying to get it back after its been stolen is harder work. We need to teach the next generation not to fall asleep at the wheel. And getting stolen rights restored is a slow process.

Im looking forward to the future cases now that Text, History and Tradition are the standard for 2a cases. I feel hopeful for the future of the 2a now.

 

[Edwardteach72]

Keeping freedom takes work, trying to get it back after its been stolen is harder work. We need to teach the next generation not to fall asleep at the wheel. And getting stolen rights restored is a slow process.

Im looking forward to the future cases now that Text, History and Tradition are the standard for 2a cases. I feel hopeful for the future of the 2a now.

This may give you some more hope.

Bianchi vs. Frosh... I'll try and break this down the best I can (both from my understanding and my memory of the video explaining it)

Marylands AWB was challenged before in a case called Kolbe v. Hogan. Where the ban was upheld as Constitutional. The Plantiffs concead that the case was heard and ruled upon in Kolbe. But their argument is that the decision was made using incorrect analysis. The 4th circuit uses the 2 step interest balancing test to come to the conclusion that the AWB was Constitutional.

From what I gather part of the 4th Circuits test is "are the arms protected under the 2nd amendment as useful in a military context" if the answer is yes then they go to the 2nd part.. so in reality the first case Kolbe, the court found that the "Assault Weapons" are protected arms..

Add this along with the Bruen opinion there is no way the 4th circuit can uphold Marylands ban, even based on their own prior ruling when they admit these guns are protected

 

[BMF JK]

What comes next?

A new generation of 2A advocates gets to learn that when you're fighting commies, winning just means that you get to keep fighting.

When you land a good punch you follow with a series of punches until you win the fight .

 

[Acer-m14]

 

[Acer-m14]

Criminals do not follow laws .. so all gun control law are null and void ..

 

[Podmonkey]

What is next are an avalanche of lawsuits directed against these tyrant states that will continue to try and deny our rights. The fact that this decision does away with the two step intermediate scrutiny in favor of a strict scrutiny that relies on a narrow interpretation of the constitution 8s huge. Pretty much imperils much of the gun control legislation passed in the last 50 years
As I have said elsewhere National Reciprocity is next. NFA is also ripe for the sniping too.
In NYS there is now a path to shitcan both tge AWB and Sullivan Act. But as @Celt so correctly stated the fight has only just begun. The courts will have to be in permanent session for tge next decade before we can push all this garbage out. Keep an eye out for important cases, set aside legal fund donation money, call your representatives. Be ready to become a total nuisance to the gun grabbers.
Really get ready to yowl like a tom cat on the trail of a female in heat if we get this fabled red wave this November. You'll, and call, and email and write. Be like Andy Dufrense in Shawshank Redemption when he was stumping for library funds. We have to be total pains in the asses about this.

 

[maverick52]

Thanks for putting this thread together. Gives
more clarity. While it may take a while to experience the win, the horizon looks good

 

[kev74]

How about a big class action lawsuit against FUKH and everyone in the assembly and senate who goes along with her for depredation of rights for rushing through bullshit legislation that the know is unconstitutional? That would be a nice next step.

 

[Acer-m14]

What is next are an avalanche of lawsuits directed against these tyrant states that will continue to try and deny our rights. The fact that this decision does away with the two step intermediate scrutiny in favor of a strict scrutiny that relies on a narrow interpretation of the constitution 8s huge. Pretty much imperils much of the gun control legislation passed in the last 50 years
As I have said elsewhere National Reciprocity is next. NFA is also ripe for the sniping too.
In NYS there is now a path to shitcan both tge AWB and Sullivan Act. But as @Celt so correctly stated the fight has only just begun. The courts will have to be in permanent session for tge next decade before we can push all this garbage out. Keep an eye out for important cases, set aside legal fund donation money, call your representatives. Be ready to become a total nuisance to the gun grabbers.
Really get ready to yowl like a tom cat on the trail of a female in heat if we get this fabled red wave this November. You'll, and call, and email and write. Be like Andy Dufrense in Shawshank Redemption when he was stumping for library funds. We have to be total pains in the asses about this.

and i hope they loose there immunity and the $$$$ comes from there pockets and not the peoples in the upcoming law suites

icing on the 2A cake ..

 

[Acer-m14]

Be like Andy Dufrense in Shawshank Redemption when he was stumping for library funds. We have to be total pains in the asses about this.

so call the local PP office and ask them how many references do i need to Vote and what is the Fee's



snickers lol

 

[Saltwater60]

Lawsuits take money so consider donating some money to a good 2a group. I’ve been doing about $25/month to ones involved in a good lawsuit. It’s not much but it’s more than I was doing.

 

[Edwardteach72]

So just finished up a quick video, which pretty much went over what I posted earlier and the whole reason for this thread..

Right now there are 5 (maybe 6) 2A cases infront of SCOTUS waiting to hear if they will be granted Cert.

Duncan vs. Bonta, Cali Mag ban 9th Circuit

Miller vs. Bonta, Cali AWB, 9th Circuit

ANJRPC vs. Grewal, NJ mag ban, 3rd Circuit

Bianchi vs. Frosh, Maryland AWB, 4th Circuit


The lawyer was saying what has a good chance of happening for these cases is that SCOTUS will grant Cert. BUT also vacate the cases BACK down to the Circuit courts and tell them that they need to rule based on the Bruen ruling and opinions..

Bonus is Young vs. Hawaii, Hawaii open carry, 9th Circuit. This one is a better known case. The one the 9th Circuit ruled on saying you do not have a right to carry bear arms outside of your home.. it is extremely possible SCOTUS will kick this case right back down to the 9th and tell them just go ahead and fix you mistake now.


Now the reason for the update and repeating of what I've already written... the video was from the YT channel "four box dinner" and the guy who runs it is a Constitutional lawyer and a member of the United States Supreme Court Bar, so I feel he has a good insight to all this.

When he ended his video (I'll link below) he says we could hear about what's going to happen with SCOTUS and all these cases in the next 7-10 days... whether they will be heard next session 2022-2023 or if they will be granted Cert and vacated back down to the lower courts


So things to keep our eyes and ears open for in the next week or two

 

[Acer-m14]

i seen someone mention about someone from out of state file for a NY PP .. they should fking do it .. another law suit .. cuz you need to own property in NY currently to do that ..

and now ..

that is not in the history and text of the 2A ..

and NY doesn't acknowledge other states permits .. <<< oh the fun is just starting ..

 

[Podmonkey]

i seen someone mention about someone from out of state file for a NY PP .. they should fking do it .. another law suit .. cuz you need to own property in NY currently to do that ..

and now ..

that is not in the history and text of the 2A ..

and NY doesn't acknowledge other states permits .. <<< oh the fun is just starting ..

Yes, I have been thinking that also. The SCOTUS ruling makes it clear that states cannot deny ANYONE a permit if they are not a prohibited person.

 

[Acer-m14]

a prohibited person.

if there prohibited they shouldn't be out on the streets

 

[Edwardteach72]

Not a big fan of this channel but it looks to be the first to bring the news. I'll look for others when they come out to verify (he never mentions the case name which is weird to me)

But the 9th Circuit has just remanded California's AWB case back down to the district court in light of the Bruen decision.

There are 2 AWB cases in the 9th Circuit from California.. Miller and Rupp

 

[2WheelGnnr]

I see hochul and her hooches have made an agreement on further restructing where you can carry legally in NY to give the big middle finger to the supremes courts decision...I see one of the places they are thinking of or saying public transit?? what are law abiding citizen that use Public transportation to get to and from work....my goodness really.

Then again concealed is concealed...so screw that............thats just astonished the crap they do to us....we get a "win": and they are gonna somehow "ruin" it with yet another safe act sorta crap. My goodness.......

 

[Edwardteach72]

Not a big fan of this channel but it looks to be the first to bring the news. I'll look for others when they come out to verify (he never mentions the case name which is weird to me)

But the 9th Circuit has just remanded California's AWB case back down to the district court in light of the Bruen decision.

There are 2 AWB cases in the 9th Circuit from California.. Miller and Rupp

Armed Scholar just responded to me, he will be putting out a video about this today.

Based on his usual post schedule I'll be getting a notification around 8:30-9pm then post it here when it's up

 

[pjzwtl]

So my question is why not another SAFE suite when these other cases are in other districts? wins there would be good sure but wouldn’t do us much good in the second circuit? Correct?

 

[Edwardteach72]

I won't get a chance to watch/listen to this for another half hour but here is some new info

 

[Edwardteach72]

 

[Acer-m14]

Gov bitch .. now what .. so much for your sensitive places .. maybe you should ban the MTA and subways ..

june 29 .. retired po po pulls gun ..

Exclusive video: Man pulls out gun on subway in Manhattan after allegedly being threatened

Police say no shots were fired but both men were taken into custody.

www.cbsnews.com

 

[Edwardteach72]

For anyone still paying attention..

Yesterday the Court held conference on cases they still had laying around... rumor has it, today around 2:30 they may be announcing cases that they are granting Cert...

There are four 2A cases that were distributed at conference.. 2 magazine bans, 1 assault weapons ban, and 1 carry restrictions case.

The last one, Young vs Hawaii seems like the easiest to clean up by just sending to back to the 9th Circuit to fix their mistake.. so the real question will be if SCOTUS does the same with the other 3 cases, or if maybe they even grant cert to any of them

 

[Edwardteach72]

Sounds like SCOTUS remanded 4 cases back down to the lower courts

BIANCHI v. FROSH
(Maryland/4th Circuit Assault Weapons Ban)

ANJRPC v. GREWAL
(New Jersey/3rd Circuit Magazine ban)

YOUNG v. HAWAII
(Hawaii/9th Circuit open/concealed carry issue)

DUNCAN v BONTA
(California/9th Circuit, Magazine ban)