Supreme Court will hear New York gun rights case on transporting unloaded handguns
- Thread starter Blimey
- Start date
Bob
6.5 Creedmoor
Here's the case page on SCOTUSBlog:
New York State Rifle & Pistol Association Inc. v. City of New York, New York - SCOTUSblog
New York State Rifle & Pistol Association Inc. v. City of New York, New York - SCOTUSblog
BDinPutnam
.475 A&M Magnum
NYRSPA doing something other than redecorating King's office?
Never thought I'd see the day.
Never thought I'd see the day.
Camaro45th
.357 mag
Here’s to hoping for a ruling in our favor.
SuffolkArms
.40 S&W
Praying.
Duplicate thread by 3 minutes
!! SCOTUS grants cert on NYC 2A infringement case!!
!! SCOTUS grants cert on NYC 2A infringement case!!
Blimey
.450/400 Nitro Ex
Damn it, it was only 1-2 minutes after his!
Meanwhile the NY Safe Act is alive and well.
Bigfoot
.450/400 Nitro Ex
With part 2 coming soon.
MadScientist
.45 acp
Step in the right direction boys. Not everything that we need but if the ruling goes our way it’s something
dwa12479
.338 Win Mag
My thoughts exactly. This case is practically worthless to the 2A
If this was all it would be a big thing!
*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.*
*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.*
This right here. I'm tired of I wont point any fingers buttttt the "this doesnt affect me so I dont care" midesets. How did we get where we are with the 2A and all the laws step by step piece by piece. To many people are just like nope all or nothing if they dont go big then might as well just leave everything alone.
But instead we need to start going after small wins at the highest level that will have rippling affects
Having read a fair amount of the briefs on this case, I get the feeling that something like that just might be possible. Also, what if they were to rule that it is a two way street, - not only that you could take permitted firearms OUT of NYC, AND that you could take them INTO NYC? It could just get interesting.
ProgSpear
.338 Win Mag
The goal here is strict scrutiny applied to a 2A case. THAT immediately eviscerates NFA, GCA, Sullivan, and the un-SAFE Act.
livingston
20×102mm Vulcan
We hope ....
Dr. Evil
20×102mm Vulcan
You eat an elephant one bite at a time. I'd rather have this than not.
Blimey
.450/400 Nitro Ex
Every 2A case that goes to SCOTUS is a do-or-die.
Has anybody come upon an informed analysis of this and how the person writing it expects the judges to rule? I imagine it will be a 5:4 ruling. And the current makeup of the court favors 2A, but is there a republican-appointed judge who's gonna go all RBG on us?
Has anybody come upon an informed analysis of this and how the person writing it expects the judges to rule? I imagine it will be a 5:4 ruling. And the current makeup of the court favors 2A, but is there a republican-appointed judge who's gonna go all RBG on us?
Assuming that RBG's corpse hasn't become bloated and puss filled by the time this case is decided (and she is officially declared deceased), I would expect it to be a win for gun owners by a 5-4 decision. Then again, if it loses 4-5 with Roberts joining the libs by some convoluted logic, then we will know where we stand.
livingston
20×102mm Vulcan
New York State Rifle & Pistol Assoc. v. City of New York: Cert granted 1-22-19 - Calguns.net
2nd Amend. Litigation Updates & Legal Discussion
Interesting reading
2nd Amend. Litigation Updates & Legal Discussion
Interesting reading
BDinPutnam
.475 A&M Magnum
I tried to read the underlying Second Circuit decision to get a flavor for how this might be argued, but four point courier font on my phone... ouch. From what I could get through, there may be some outs for the city's case with regard to how much of a burden the regs place.
Not saying they're right, just looking at it from both sides (as is the lawyerly way to read cases. Not that I am one).
eris
.45 acp
I hope the Court doesn't wimp out and give a narrow ruling. We need strict scrutiny to be the standard!
Blimey
.450/400 Nitro Ex
This apparently was a final response (I don't do legal terms) from plaintiff to the city.
https://www.supremecourt.gov/Docket...1128114253170_NYSRPA Reply 11-28-18 FINAL.PDF
Read this shit:
NYC knows their law is so stupid that they think SCOTUS shouldn't take the case because it sets no precedent because no other jurisdiction is so stupid to have a similar law.
I am pretty sure SCOTUS will kick this thing in the ass. My only worry is scope will be too small, because as stated no other city even has something as silly as this law.
https://www.supremecourt.gov/Docket...1128114253170_NYSRPA Reply 11-28-18 FINAL.PDF
Read this shit:
NYC knows their law is so stupid that they think SCOTUS shouldn't take the case because it sets no precedent because no other jurisdiction is so stupid to have a similar law.
I am pretty sure SCOTUS will kick this thing in the ass. My only worry is scope will be too small, because as stated no other city even has something as silly as this law.
MadScientist
.45 acp
Depends on how broad their ruling is.
Acer-m14
.950 JDJ
hope NYSRP brought up the guys in the PP dept that were taking bribes too ..
Truebeliever
6.5 Creedmoor
The second circuit decision was just stupid as far as common sense.
NYC is stupid enough not to change the law because even a non -2A person can see that it doesn’t make sense.
NYC doesn’t want guns on its streets but forced Nyc gun owners to go thru NYC streets with their guns more. Instead of letting them leave the city where the gun is no longer the city’s “problem” until they come back.
I think the court will just say that and not even have to change the standard of scrutiny
NYC is stupid enough not to change the law because even a non -2A person can see that it doesn’t make sense.
NYC doesn’t want guns on its streets but forced Nyc gun owners to go thru NYC streets with their guns more. Instead of letting them leave the city where the gun is no longer the city’s “problem” until they come back.
I think the court will just say that and not even have to change the standard of scrutiny
BDinPutnam
.475 A&M Magnum
Thanks @Blimey!
I tend to think you are right, so far, @Truebeliever. I think this impacts NYC and goes no further. Like Heller, to an extent (which only impacted DC until McDonald came along).
I'll still take it if it happens though. They've been taking from us in increments for decades. Time to start taking it back the same way.
I tend to think you are right, so far, @Truebeliever. I think this impacts NYC and goes no further. Like Heller, to an extent (which only impacted DC until McDonald came along).
I'll still take it if it happens though. They've been taking from us in increments for decades. Time to start taking it back the same way.
I mean this is from slate and I have not read it yet putting it here to get to it and read a bit later
The Supreme Court Is Preparing to Make Every State’s Gun Laws Look Like Texas’
The Supreme Court Is Preparing to Make Every State’s Gun Laws Look Like Texas’