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-   -   NYC CCW case is at SCOTUS! (https://www.mdshooters.com/showthread.php?t=251967)

press1280 December 20th, 2020 09:15 AM

NYC CCW case is at SCOTUS!
 
Hat tip to Calguns. This case wasn't on my radar at all. NRA/Paul Clement on the brief https://d3uwh8jpzww49g.cloudfront.ne...tion-final.pdf
It was just filed a few days ago, there's no SCOTUS docket page that I can find.

Allen65 December 20th, 2020 10:11 AM

Quote:

Originally Posted by press1280 (Post 6153518)
Hat tip to Calguns. This case wasn't on my radar at all. NRA/Paul Clement on the brief https://d3uwh8jpzww49g.cloudfront.ne...tion-final.pdf
It was just filed a few days ago, there's no SCOTUS docket page that I can find.

I wonder if NY will try to moot this one, too? :D

wjackcooper December 20th, 2020 11:03 AM

Wow, thanks for posting press 1280!

Paul Clement:

“As this Court made clear in both Heller and McDonald, the Second Amendment, at its core, guarantees a right to keep and bear arms for self- defense. . . . That commonsense conclusion is compelled by the text and structure of the Second Amendment, by the history of the right it protects, and by any fair reading of both Heller and McDonald.
. . .
“Millions of law-abiding Americans are suffering a shifting patchwork of denials of a constitutional right that most states, jurists, and this Court recognize as fundamental.
. . .
“And the Fourth Circuit in Woollard did not even acknowledge historical inquiry as a component of Heller’s analysis; instead, the court held that Maryland’s carry regime withstood scrutiny without so much as considering the scope of the right. See 712 F.3d at 874-76.
. . .
Text, history, and tradition readily confirm that the Second Amendment protects a right to carry a firearm outside the home for self-defense.
. . .
Time and again, courts have effectively replaced Heller’s textually and historically grounded analysis with a loose form of “interest-balancing” in which the state always wins.”

Seems to me the odds favor a 5 - 4, if not a 6 - 3 win.

Yea!

Regards
Jack

press1280 December 20th, 2020 11:44 AM

Quote:

Originally Posted by Allen65 (Post 6153572)
I wonder if NY will try to moot this one, too? :D

Only way to moot it is to go shall issue. Plaintiffs aren’t claiming any special need (carrying cash, valuables,exc), so if they get a license then everyone does.

thomfantomas December 20th, 2020 11:54 AM

As liberal new york is i'm convinced they'll go shall issue and yet here in maryland we will be SOL ��

wjackcooper December 20th, 2020 01:03 PM

“REASONS FOR GRANTING THE PETITION......... 8 I. This Court Should Resolve The Open And Acknowledged Circuit Split On Whether The Second Amendment Protects A Right To Carry A Handgun Outside The Home. ..............”*

Looks to me like Clement has postured the petition in such a way that the first issue before the court involves other states and “millions” of people. In any event, N.Y. (a party to the case) has no power to moot the case. Thanks to Donald Trump . . . there is reason to hope there is not 5 votes to moot even if N.Y. goes shall issue.

Roberts is not in the driver’s seat, unless 4 other justices agree with him.

Regards
Jack

*https://d3uwh8jpzww49g.cloudfront.ne...tion-final.pdf page 9.

Mark392001 December 20th, 2020 01:09 PM

Quote:

Originally Posted by thomfantomas (Post 6153686)
As liberal new york is i'm convinced they'll go shall issue and yet here in maryland we will be SOL ��

Wouldn’t be surprising- no one ever thought DC would become Shall Issue.

Decoy December 20th, 2020 01:13 PM

I have zero faith in the SCOTUS, they will find some backasswards reason to punt it.

Occam December 20th, 2020 01:22 PM

Quote:

Originally Posted by Decoy (Post 6153838)
I have zero faith in the SCOTUS, they will find some backasswards reason to punt it.

That’s a common feeling, come by honestly. But then, we haven’t had the recipe of Thomas, Alito, Gorsuch, Barret, and Kavanaugh before when anything like this has been attempted. Roberts could fully occupy the RBG slot and it wouldn’t matter if those five are on the right page of the constitution.

Allen65 December 20th, 2020 01:52 PM

Quote:

Originally Posted by press1280 (Post 6153673)
Only way to moot it is to go shall issue. Plaintiffs aren’t claiming any special need (carrying cash, valuables,exc), so if they get a license then everyone does.

Not quite. NY could find that the two individual plaintiffs and every current member of NYSRPA have "proper cause" to be issued a permit.


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