Supreme Court Takes Major NRA Second Amendment Case from New York

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  • Kaffakid

    Active Member
    May 14, 2017
    113
    DC
    Maybe someone has mentioned this already: I think voting to moot it out would give Roberts some political good will with the libs if he is to become the new Kennedy. He could be seeking that before going with Alito/Kav/Gorsuch/Thomas in a larger "text, history, and tradition" opinion in another case pending cert (God willing).

    There is so much speculation here though, so what the hell do I know.

    In terms of hand-wringing, this is going to be worse (and longer) than the Kavanaugh confirmation. Woof.
     

    fidelity

    piled higher and deeper
    MDS Supporter
    Aug 15, 2012
    22,400
    Frederick County
    Speaking of Kavanaugh, he didn't speak. I'm assuming his Thomas-like reticence is because he knows how this is going to play out, continues to want to stay on Roberts good side, and is saving his powder for a different 2A fight.
     

    ed bernay

    Active Member
    Feb 18, 2011
    184
    Someone on Dave Hardy's blog brought up a good point about the Firearm Owners Protection Act and how NYC/NJ regularly arrest law abiding people delayed at the airport who claim and later try to recheck their baggage with a firearm. People have been arrested for it. NYC has no respect for that federal law so why believe their promises now regarding state law or the unconstitutional permitting process. I really hope SCOTUS takes this case even though the conventional wisdom believes its moot.
     

    krucam

    Ultimate Member
    Someone on Dave Hardy's blog brought up a good point about the Firearm Owners Protection Act and how NYC/NJ regularly arrest law abiding people delayed at the airport who claim and later try to recheck their baggage with a firearm. People have been arrested for it. NYC has no respect for that federal law so why believe their promises now regarding state law or the unconstitutional permitting process. I really hope SCOTUS takes this case even though the conventional wisdom believes its moot.

    I caught also the question of someone going to NJ to a range, stopping at Mom’s on the way. The FOPA loopholes in NJ came to mind.
     

    ed bernay

    Active Member
    Feb 18, 2011
    184
    The question presented is:

    Whether the City's ban on transporting a licensed, locked, and unloaded handgun to a home or shooting range outside city limits is consistent with the Second Amendment, the Commerce Clause, and the constitutional right to travel.

    Is the case still moot considering the question presented and NYC's historical treatment of people travelling through the local airports?
     

    esqappellate

    President, MSI
    Feb 12, 2012
    7,408
    The question presented is:

    Whether the City's ban on transporting a licensed, locked, and unloaded handgun to a home or shooting range outside city limits is consistent with the Second Amendment, the Commerce Clause, and the constitutional right to travel.

    Is the case still moot considering the question presented and NYC's historical treatment of people travelling through the local airports?

    FOPA is not at issue in the case. It would take an arrest of someone in disregard of FOPA to bring that issue before the courts. The 2d Cir. (NY) already has bad precedent on that point. See Torraco v. Port Authority of New York, 6125 F.3d 129 (2d Cir. 2010).
     

    press1280

    Ultimate Member
    Jun 11, 2010
    7,912
    WV
    LKB, who witnessed the oral arguments, offers his opinions here:


    https://www.thetruthaboutguns.com/d...te-rifle-pistol-assn-supreme-court-arguments/

    He's pretty much spot on IMO. The MSM is trying to spin this as "The justices are leaning toward dropping the case," but I could have told you before orals that the 4 lefties would try and moot the case. Just because they asked most questions and took up most of the time still only is 4 votes.

    As far as Roberts goes if he's worried about the MSM and the beltway, it's going to be far worse for him siding for public carry than it is for ruling against the NYC transportation ban. This way they can make a ruling that possibly sends those other cases back to the appeals courts and they knock down the may-issue statutes.
     

    Uncle Duke

    Ultimate Member
    MDS Supporter
    Feb 2, 2013
    11,719
    Not Far Enough from the City
    Speaking of Kavanaugh, he didn't speak. I'm assuming his Thomas-like reticence is because he knows how this is going to play out, continues to want to stay on Roberts good side, and is saving his powder for a different 2A fight.

    Rogers v. Grewal? I may well be missing something regarding focus and/or scope with the present case, but it seems that Rogers casts a much larger and more encompassing net.
     

    CrazySanMan

    2013'er
    Mar 4, 2013
    11,390
    Colorful Colorado
    I found this very interesting (From the article Stoveman posted)

    Near the end of the argument, Justice Ginsburg (who looked very frail, but nevertheless was engaged and asked a number of probative questions in both of Monday’s arguments) asked the City’s counsel whether, because the transportation ban forbade taking a licensed gun to a second house (whether in or out of the city), that would require a license holder who wished to be armed at home to acquire two guns — one for each house — and leave one gun at an unoccupied location at all times, which she seemed to intimate would be less safe than transporting one gun between them.
     

    ironpony

    Member
    MDS Supporter
    Jun 8, 2013
    7,249
    Davidsonville
    Difficult to fathom the amount of money that has gone into deciphering what exactly "Shall not be infringed" means. We have an entire branch of .gov to figure this out (if and when they want to) and now what is the number .... 20K laws in relation to bearing arms in this country? I overheard someone saying there is a method to keeping the cash cow alive and the inaction will continue and I just thought I would mention that. Sorry for the abstract thinking.





    If your post was in response to me RambingOne, I meant no digs.
     

    HaveBlue

    HaveBlue
    Dec 4, 2014
    733
    Virginia
    Difficult to fathom the amount of money that has gone into deciphering what exactly "Shall not be infringed" means. We have an entire branch of .gov to figure this out (if and when they want to) and now what is the number .... 20K laws in relation to bearing arms in this country? I overheard someone saying there is a method to keeping the cash cow alive and the inaction will continue and I just thought I would mention that. Sorry for the abstract thinking.





    If your post was in response to me RambingOne, I meant no digs.

    You got it. People only vote/support politicians to solve problems. If they actually solve a problem they’ll have to identify new ones. Apparently that is too difficult and risky for them.
     

    TheBert

    The Member
    MDS Supporter
    Aug 10, 2013
    7,729
    Gaithersburg, Maryland
    Maybe someone has mentioned this already: I think voting to moot it out would give Roberts some political good will with the libs if he is to become the new Kennedy. He could be seeking that before going with Alito/Kav/Gorsuch/Thomas in a larger "text, history, and tradition" opinion in another case pending cert (God willing).

    There is so much speculation here though, so what the hell do I know.

    In terms of hand-wringing, this is going to be worse (and longer) than the Kavanaugh confirmation. Woof.

    When RBG assumes room temperature Roberts is going to become an administrator and not a focal vote on the court.
     

    JPG

    Ultimate Member
    Aug 5, 2012
    7,042
    Calvert County
    Difficult to fathom the amount of money that has gone into deciphering what exactly "Shall not be infringed" means. We have an entire branch of .gov to figure this out (if and when they want to) and now what is the number .... 20K laws in relation to bearing arms in this country? I overheard someone saying there is a method to keeping the cash cow alive and the inaction will continue and I just thought I would mention that. Sorry for the abstract thinking.





    If your post was in response to me RambingOne, I meant no digs.

    I don't think they have ever got that far in any court arguments. They seem to focus on "Militia". I would think that those 4 words mean a alot, but I am not a Lawyer.
     

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