Second Circuit NYC transport law upheld

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  • jcutonilli

    Ultimate Member
    Mar 28, 2013
    2,474
    While I get that having a circuit split is important to review the cert opp rests almost entirely on that this is a outlier place.
    Well sure but if it were any other right and one place was violating in a ergerious manner the Supreme Court would get involved.
    What if only one major city engaged in racism or curbed political protest. Would that be a argument for denial?

    Lawyers have to make some kind of argument and typically exaggerate their position when it is weak. Lots of petitions claim there is a split when there really is not one.

    I think they are trying to cast doubt on why SCOTUS should deny the petition by framing the petition as one of local error. Many of the Justices have stated publicly that they deny these types of petitions.

    Having read the petition, I do see this as a weakness that could have been better addressed. The city seems to be taking advantage of this weakness. While it is a weakness, I don't see it as being fatal.

    I agree that if this were any other right SCOTUS would step in. The problem is that they have been very reluctant in granting 2A petitions.
     

    delaware_export

    Ultimate Member
    Apr 10, 2018
    3,143
    Sir, you have overlooked the BUT BUT BUT IT'S GUNS exceptions clause associated with any of our rights.

    Seriously, this non-lawyer wonders why more folks don't make this point in court.

    Some states only allow guns in the home, same as free speech, sex orientation, religion, voting, etc.

    You know, those little things. /sarcasm.

    While I get that having a circuit split is important to review the cert opp rests almost entirely on that this is a outlier place.
    Well sure but if it were any other right and one place was violating in a ergerious manner the Supreme Court would get involved.
    What if only one major city engaged in racism or curbed political protest. Would that be a argument for denial?
     

    press1280

    Ultimate Member
    Jun 11, 2010
    7,878
    WV
    Lawyers have to make some kind of argument and typically exaggerate their position when it is weak. Lots of petitions claim there is a split when there really is not one.

    I think they are trying to cast doubt on why SCOTUS should deny the petition by framing the petition as one of local error. Many of the Justices have stated publicly that they deny these types of petitions.

    Having read the petition, I do see this as a weakness that could have been better addressed. The city seems to be taking advantage of this weakness. While it is a weakness, I don't see it as being fatal.

    I agree that if this were any other right SCOTUS would step in. The problem is that they have been very reluctant in granting 2A petitions.

    If they wanted to weigh in on a 2A case that does not cause ripples nationwide, this would be it. I don't know of any other jurisdictions with a law like this.
     

    press1280

    Ultimate Member
    Jun 11, 2010
    7,878
    WV
    Agree that this is low impact case with a very important purpose, the right to travel freely. If/when this gets to One First, a GVR might be appropriate...

    Then again, if SCOTUS would simply take up a may issue lucense case then the premises permit would become obsolete.
     

    Kharn

    Ultimate Member
    Mar 9, 2008
    3,578
    Hazzard County
    Then again, if SCOTUS would simply take up a may issue lucense case then the premises permit would become obsolete.
    Aren't several states still using premises/possession permits? NY, NJ, MA, IL have outright may-issue purchase/permits IIRC, NC and MI require some screwy check-the-box paperwork drill to purchase, etc. This case would let them get their toes wet about the terms of sale, possession in the home, and driving in your RV as Thomas is known to do.
     

    daNattyFatty

    Ultimate Member
    Aug 27, 2009
    3,908
    Bel Air, MD
    So now we have to wait until next year to see if SCOTUS will grant cert or not. With the make up of the court now,I really wonder if it will be granted or not. What say ya all?



    I have zero confidence in Roberts. The lefties need to retire or otherwise no longer serve, and obviously The Trumpster needs to nominate a Constitutionalist.


    Sent from my iPhone using Tapatalk Pro
     

    press1280

    Ultimate Member
    Jun 11, 2010
    7,878
    WV
    So now we have to wait until next year to see if SCOTUS will grant cert or not. With the make up of the court now,I really wonder if it will be granted or not. What say ya all?

    Who knows. Some pro 2a justices may pass just because the case is so limited in scope.
     

    jcutonilli

    Ultimate Member
    Mar 28, 2013
    2,474
    So now we have to wait until next year to see if SCOTUS will grant cert or not. With the make up of the court now,I really wonder if it will be granted or not. What say ya all?

    I think it has a better chance than any of the other 2A cases that have come before it.

    Who knows. Some pro 2a justices may pass just because the case is so limited in scope.

    I think the reply petition did a good job addressing this issue. They pointed out Heller was even more limited and really only applied to DC.
     

    kaliroger

    Active Member
    Jul 20, 2018
    473
    Frederick County, MD
    One of the many reasons why I no longer live in NYC, this can happen only in NYC.

    Upstate NY is a whole different story, but by far the most illegal guns are in NYC...
     

    Kharn

    Ultimate Member
    Mar 9, 2008
    3,578
    Hazzard County
    Conference is today. Bets?

    I'm almost ready to join Krucam in eternal pessimism, maybe we'll get a Thomas/Gorsuch/Kavanagh dissent from denial, or maybe now that Kennedy is out, there are five votes to fix things.
     

    swamplynx

    Active Member
    MDS Supporter
    Jul 28, 2014
    678
    DC
    Only need 4 for cert, 5 to fix things. Definitely have 4 now, but they undoubtedly have the same question we do... Roberts.

    Roberts scares me. A lot. Hopefully his activism is only limited to anti-Trumpism, but after the Obama care debacle I’m skeptical. I’m torn on a major case like this getting cert before RBG retires. The last thing we need is a major 2A loss with the way thing have been going in the circuits.

    In a way would rather have Mance be the test vehicle to see if Roberts is still a part of the Heller 5. Mance is more nuanced, and a loss wouldn’t practically limit our rights greatly. Those of us in DC will just keep having to take Mr. Sykes $125 shaft on handgun purchases.

    This transport law is scary shit and such an obvious infringement. While a loss would also make it clear as day that Roberts is a snake in the grass, imagine how it would embolden leftist legislatures around the country to pass similar laws...
     

    press1280

    Ultimate Member
    Jun 11, 2010
    7,878
    WV
    Conference is today. Bets?

    I'm almost ready to join Krucam in eternal pessimism, maybe we'll get a Thomas/Gorsuch/Kavanagh dissent from denial, or maybe now that Kennedy is out, there are five votes to fix things.

    I say they punt simply because there's no split (there really can't be one because there's no other law like it) and public carry cases on the way will moot this one. It's just very limited in scope.
     

    TexDefender

    Ultimate Member
    Feb 28, 2017
    1,572
    Am I understanding this right? If you have NYC premise license for a firearm, you can only transport it to a range in New York City. Does this only apply to handguns or does it apply to all firearms? You can't take it to a range outside the city limits? You can't take it to a shooting contest outside the city limits? You can't take it on vacation, say to a state that allows open carry? So then you can't take it with you if you move out of state to be a resident of that new state?
     

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