Supreme Court regarding NY law...

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    boisepaw

    boisepaw
    Jan 5, 2015
    380
    Eastern shore, MD
    Let me stipulate that I’m new to Maryland and I am not an attorney.

    I just saw a passing note that the Supreme Court was going to take up an appeal from NY gun owners regarding their law about transporting handguns. It sounds similar to what little I know about one of Maryland’s laws. Anyone have any thoughts about whether a positive decision (from a pro 2A perspective) would result in positive changes to Maryland’s laws.
     
    M

    mrbob1000

    Member
    Nov 5, 2018
    61
    Annapolis
    The NY case will likely tell us how the new makeup of the Supreme Court views gun cases. In the past, Kennedy wasn't always reliable on conservative issues (especially guns) so that contributed to the 10 years or so SCOTUS has been silent on gun cases. If the NY case goes favorably it will do two things; tell states that their laws face judicial scrutiny again and tell potential litigants that it would be wise to appeal cases to SCOTUS again.

    If we were really lucky and the stars aligned, SCOTUS would direct lower courts to view gun rights cases with strict scrutiny as opposed to intermediate scrutiny.
     
    jrumann59

    jrumann59

    DILLIGAF
    MDS Supporter
    Feb 17, 2011
    14,024
    Allen65 said:
    Let's keep our fingers crossed that NY doesn't manage to moot the case by modifying the law before SCOTUS can hear and decide.
    Click to expand...


    I sort of feel that its bad faith to allow states to do that. They pass a law and then they see push back or see it heading to SCOTUS and they change the law to start the clock all over again.
     
    L

    lazarus

    Ultimate Member
    Jun 23, 2015
    13,741
    mrbob1000 said:
    The NY case will likely tell us how the new makeup of the Supreme Court views gun cases. In the past, Kennedy wasn't always reliable on conservative issues (especially guns) so that contributed to the 10 years or so SCOTUS has been silent on gun cases. If the NY case goes favorably it will do two things; tell states that their laws face judicial scrutiny again and tell potential litigants that it would be wise to appeal cases to SCOTUS again.

    If we were really lucky and the stars aligned, SCOTUS would direct lower courts to view gun rights cases with strict scrutiny as opposed to intermediate scrutiny.
    Click to expand...

    If we are pretty lucky it could be that SCOTUS brings back a ruling that loosens up transportation restrictions in general or does something like legalizes open carry of all firearms (which would open up transport restrictions).

    NY handgun transportation rules are extremely draconian. You can't remove the handgun from the city and are only allowed to transport it to one of the ranges in the city. Even if you own another property in the state it is against the law to transport it there, or for hunting outside the city, etc. Only thing you could do is transport it out of state and only because FOPA at a federal level tells NYC to suck it. But if it is instate transportation, you just can't do it.

    MD law is pretty restrictive on handgun transportation, but not nearly so.

    SCOTUS might take a narrow view. I do think SCOTUS is going to overturn the NYC law. Just a question of how narrow or broad the judicial decision will end up being. Fingers crossed it is wide ranging and lays the smack down on transportation restrictions far and wide (IE something like laying out a right to self defense outside of the home, what Heller did for self defense inside of the home).
     
    L

    lazarus

    Ultimate Member
    Jun 23, 2015
    13,741
    jrumann59 said:
    I sort of feel that its bad faith to allow states to do that. They pass a law and then they see push back or see it heading to SCOTUS and they change the law to start the clock all over again.
    Click to expand...

    SCOTUS can still decide to hear the case. AFAIK they are allowed to decide a case based on the merits of the case at the time it was filled. Otherwise it would leave lawsuits against cities and states open for the legislators and councils to make picayune changes to laws to nullify lawsuits and have to go back and refile all over again.

    Besides, I doubt the city would change that in time.
     
    Z

    Zorros

    Ultimate Member
    Dec 10, 2017
    1,407
    Metropolis
    Guess of course, but i think the ct took it to decide what level of constitutional scrutiny isto be applied in 2A cases. Strict or intermediate. Or maybe something between. Too little application for the ny case to be heard unless for that reason. Almost all 2A laws judged under intermediate, meaning law upheld if legislation bears a rational base to expressed need, such as safety. Could change the md landscape. Bad laws beget challanges. Heller, for example. Md leads with its chin and datesa swat be taken.
     
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