NYSRPA v. Bruen, NY 2A Case Supreme Court case and decision

[Cooolone]

I wonder if we should all collectively apply to New York City for their carry and when denied will all Bank and make some money for our retirement!

There was no wording in the ruling separating New York City from their decision as New York City is a part of New York State the ruling applies!

Let's make some money!

 

[SomeSoldier]

Agreed - If you currently have a "hunting/sportsman" type license Now deemed Unconstitutional) and now have to reapply for a CCW.................then guaranteed, you will wait years for that amendment

If the hunting/sportsman license automatically rolls over to CCW...............happy days!

Nope, the way I read NYS law is. There is only one permit. The now UnConstitutional restrictions were never apart of NYS law. Therefore those words now mean nothing. Enjoy your right to carry.

No need for a updated permit.

 

[Grimscale]

It says that permits are still ok, but having to prove a need, above and beyond self defense, is unconstitutional

How is getting the .gov's permission "ok"? It is, effectively, proving a need.
Not to mention it is also allowing for an illegal registration scheme, AND is essentially a poll tax.

 

[camper4lyfe]

How is getting the .gov's permission "ok"? It is, effectively, proving a need.
Not to mention it is also allowing for an illegal registration scheme, AND is essentially a poll tax.

I don't disagree, but this ruling didn't go that far.

 

[BerettaGuy]

You mean like a permit to own a semi auto long gun?

Whatever it does, it will take another 100 years to change it.
The NY State Pistol Permit Scheme took over 100 years to reach the Supreme Court.
Many have been arrested for its violation, but few have been convicted. Usually, a plea bargain for time served or a few hours of community service. Remember this law is for law-abiding citizens only!
No conviction - No appeal - No appeal - No Supreme Court.

The NY State Pistol Permit Scheme is at best capricious and arbitrary which would get it overturned. At worst an infringement and unconstitutional. Sure a cop can lock you up for a violation but DA's are too smart to force a conviction they know can be overturned.

ps. At this time, I would like to thank each and every one of you that voted for Donald Trump. His picks helped with today's ruling. For all of you with TDS, have a wonderful day.

 

[C3D]

The ruling is disappointing. It is limited in its scope and did not establish strict scrutiny of laws impacting the RKBA.

 

[Cooolone]

They will never apply STRICT scrutiny... Just sayin!

 

[Glock_USA]

Justice Kavanaugh's opinion outlined what the court's ruling does and does not do.

"The Court's decision does not prohibit States from imposing licensing requirements for carrying a handgun for self-defense. In particular, the Court's decision does not affect the existing licensing regimes — known as "shall-issue" regimes — that are employed in 43 States," he wrote in the opinion in which he was joined by Chief Justice John Roberts.

"The Court's decision addresses only the unusual discretionary licensing regimes, known as 'may-issue' regimes, that are employed by 6 States including New York."

Kavanaugh wrote that New York's "outlier may-issue regime is constitutionally problematic because it grants open-ended discretion to licensing officials and authorizes licenses only for those applicants who can show some special need apart from self-defense."

And, he added: "Going forward ... the 43 States that employ objective shall-issue licensing regimes for carrying handguns for self-defense may continue to do so. Likewise, the 6 States including New York potentially affected by today's decision may continue to require licenses for carrying handguns for self-defense so long as those States employ objective licensing requirements like those used by the 43 shall issue States."

NPR

 

[BerettaGuy]

Nope, the way I read NYS law is. There is only one permit. The now UnConstitutional restrictions were never apart of NYS law. Therefore those words now mean nothing. Enjoy your right to carry.

No need for a updated permit.

I TOTALLY AGREE WITH YOU! But unfortunately, put 100 lawyers in a room and you will get 10 different opinions.
Put 100 politicians in a room and you will get 2.

 

[camper4lyfe]

Whatever it does, it will take another 100 years to change it.
The NY State Pistol Permit Scheme took over 100 years to reach the Supreme Court.
Many have been arrested for its violation, but few have been convicted. Usually, a plea bargain for time served or a few hours of community service. Remember this law is for law-abiding citizens only!
No conviction - No appeal - No appeal - No Supreme Court.

The NY State Pistol Permit Scheme is at best capricious and arbitrary which would get it overturned. At worst an infringement and unconstitutional. Sure a cop can lock you up for a violation but DA's are too smart to force a conviction they know can be overturned.

ps. At this time, I would like to thank each and every one of you that voted for Donald Trump. His picks helped with today's ruling. For all of you with TDS, have a wonderful day.

Correction, it took 100 years for the NYC permit scheme to reach SCOTUS.

 

[Celt]

Glad we got to win, I'm just hoping that somewhere in the decision it makes it clear that a New York state permit is valid in all of New York State including New York City.

 

[Bob]

Correction, it took 100 years for the NYC permit scheme to reach SCOTUS.

This.
It took only three years for the lawsuit against the SAFE Act to be decided by the 2nd Circus. It was dropped prior to appealing to SCOTUS because of Scalia's death.

 

[Saltwater60]

Next, time to overturn NY ban on AR-15 and the like laws.
Strike down NY SAFE act!!!

There no ban on an AR-15, only their so-called assault rifles configuration.

 

[SomeSoldier]

This was a great ruling in our favor. But don't be fooled, it does not mean things are going to get better. For one, NY has a long history of playing the time game: they'll make some new laws that blatantly violate this ruling, then wait years for a court challenge to come up and wind its way through the courts.

More immediately, Hochul is about to call for a special session of the legislature. They're going to re-write our gun laws. We both know there is no way we will come out of this re-write better than we are today. They will take this as an opportunity to introduce all kinds of other bullshit, some new, some that they've been trying for years (microstamping, for example).

In other words, the immediate, medium-term, and possibly long-term impact of this ruling is that we will be fucked.

Until we stop fucking around and do something about it. We know it's unConstitutional, we were given instructions on what to do when that happens.

 

[Deplorable Me]

ah,,the abuse of power will now begin…

So she promised a legal insurrection? The left meltdown is priceless.

 

[maverick52]

That case was shot down by our 2nd circuit court. No idea where it is now but it will take a long time to get to SCOTUS.

Nope. The new standard wil allow the 2nd circuit to review the case under new guidance

 

[maverick52]

Justice Kavanaugh's opinion outlined what the court's ruling does and does not do.

"The Court's decision does not prohibit States from imposing licensing requirements for carrying a handgun for self-defense. In particular, the Court's decision does not affect the existing licensing regimes — known as "shall-issue" regimes — that are employed in 43 States," he wrote in the opinion in which he was joined by Chief Justice John Roberts.

"The Court's decision addresses only the unusual discretionary licensing regimes, known as 'may-issue' regimes, that are employed by 6 States including New York."

Kavanaugh wrote that New York's "outlier may-issue regime is constitutionally problematic because it grants open-ended discretion to licensing officials and authorizes licenses only for those applicants who can show some special need apart from self-defense."

And, he added: "Going forward ... the 43 States that employ objective shall-issue licensing regimes for carrying handguns for self-defense may continue to do so. Likewise, the 6 States including New York potentially affected by today's decision may continue to require licenses for carrying handguns for self-defense so long as those States employ objective licensing requirements like those used by the 43 shall issue States."

NPR

Thanks for that. This means we are moving to a shall issue system

 

[gunpoliticsny]

The fact that Hochul is thinking of calling a special session to counter this ruling and try to put more restrictions in place shows just how tyranical nys government is.

That's true but the reason they do that is because not one person in Albany believes any of the 2A groups will back up their positions at election time.

 

[Onegunnotenough]

Hypothetically speaking,if you have a green NYC issued premise, right now,would you be able to purchase a pistol,same way you get a rifle in 1 day? Nics check only??

 

[Deplorable Me]

I'm fine with the cunt having a musket.

In person voting at the ballot box. The Constitution never said anything about mail in votes, early voting or on line voting.

 

[maverick52]

The fact that Hochul is thinking of calling a special session to counter this ruling and try to put more restrictions in place shows just how tyranical nys government is. Rather than reflecting on the subject and looking for ways to comply with the ruling, they immediately go to try and find ways to get around the ruling to stick it to gun owners. She should be impeached for even suggesting the idea.
It shows a complete lack of respect for the judiciary, our founding documents and our country as a whole. It's treasonous if you ask me.

Lock her up

 

[Glock_USA]

Another important thing to be aware of - these guys who brought the lawsuit already had pistol permits but wanted unrestricted permits and were denied. So yes everyone still needs a permit but the restrictions are gone. You do not need to show special need. As for carrying in NYC, I think the permits still exclude NYC. However if you apply for a NYC permit they have to give you one now, except if they have good reason not to like a criminal record.

 

[Dr. Evil]

Lock her up

You're too kind.

 

[SomeSoldier]

Lock her up

The fact that she is going to create laws to circumvent the Constitution proves she is going against it. Treason, hang her and everyone that works with her to make it happen.

 

[Glock_USA]

I think this will turn into a Shall-issue state but will now also come with many new laws regulating carry.
Yes you can have a permit to carry HOWEVER you can not carry in the following locations...... Use your imagination. No place where more than 10 people gather. No transit. No grocery stores. Also they will allow people to regulate by law carry in their stores. Like other states do. Violating a no guns sign on the door is a crime.

I think this is good for the tradition of the 2nd amendment however as someone who already had an unrestricted permit, I do not believe this does anything for me. I think it will actually hurt me as new laws are coming and I will now be limited where and when I can carry.

 

[maverick52]

I’m not a lawyer but here is my take away
1. Thank you Justice Thomas for a nice birthday gift. The left will kick and scream but this is now the law.
2. NYS goes to shall issue. Easier for new pistol permit applicants.
3. Current CCW restrictions are null and void. Let’s just say you are carrying out of your restriction and caught…what will the courts do? Revoke your license? It’s a court case that will be won without hesitation. Screw their administrative restrictions.
4. The tyrannical leftists will create a lot of BS laws to make us miserable. But with the new text history tradition guidance, the BS laws will probably get shot down in lower courts.
5. this may be a stretch- but the safe act can possibly shot down.

Over all. This is a big victory. But the enemies of freedom will continue to fight. As Hochul said “we won’t back down we won’t stop fighting”. So it’s gonna be a long season ahead. But this ruling gives us a lot of leverage.

Edit: There is a grace period for NY to craft new laws to comply. We are still under the current system. The New York gun law struck down on Thursday is still in force — for now.

 

[Thomas]

Hochul states “we are just getting started” in New York with gun restrictions and that she is prepared to “go back to muskets”

 

[Thomas]

NY Gov. Hochul defiant after Supreme Court gun decision: 'We're just getting started'

New York Gov. Kathy Hochul condemned a Supreme Court decision striking down a state law that restricted Americans' access to concealed carry permits Thursday.

www.foxnews.com

 

[SomeSoldier]

But this ruling gives us a lot of leverage.

You mean like Heller did when it gutted the unSafe Act?

 

[Glock_USA]

You mean like Heller did when it gutted the unSafe Act?

He does have a point. The 2 tier system is over. All 2A cases must be ruled on based solely on the text, history and tradition. No more scrutiny may be applied by the lower courts.