Second Circuit NYC transport law upheld

danb · Jan 22, 2019

Annoyed gun grabbers is still a win!

Bloomberg is coming to Annapolis this legislative session to personally push gun grabbing. Any day he's annoyed is a good day.

danb · Jan 22, 2019

This headline in the WaPo alone is worth it:

https://www.washingtonpost.com/poli...9f77a3bcb6c_story.html?utm_term=.d56d1fbc44e3

The decision to hear the case in the term that begins in October may signal that the reinforced conservative majority on the court is ready to consider more laws that restrict gun rights.

Inigoes · Jan 22, 2019

danb said:
This headline in the WaPo alone is worth it:

https://www.washingtonpost.com/poli...9f77a3bcb6c_story.html?utm_term=.d56d1fbc44e3

If Ginsburg is out of the way as the premature rumors stipulate, big "IF".

Roberts is no longer needed as the "swing" 5-4 vote.

Rab1515 · Jan 22, 2019

GlocksAndPatriots said:
Yep, the Court only considers it an "emergency" when homosexuals are denied marriage licenses. Then expedited schedules are imperative.

Do you go out of your way looking for ways to bash everything LGBTQ?

Now back to the thread, FINALLY.

danb · Jan 22, 2019

The question now is what does the 9th do with Young.

jcutonilli · Jan 22, 2019

GlocksAndPatriots said:
I have no doubt we'll win this case, as even the squishy Roberts won't allow a rule so moronic. My concern, however, is that the decision will be so narrow that it doesn't really help us in any other scenario. Ideally, the court will hold that restrictions on guns need to be reviewed under strict scrutiny. A less favorable approach (but still one better than what we have now) would be to allow intermediate scrutiny, but not give unlimited deference to the legislatures in "weighing" the evidence and determining the "fit" between the regulation and the government interest.

However, they could rule in our favor but just hold that the rule didn't comport with the level of scrutiny the 2nd Circuit laid out, while leaving that patently absurd standard itself alone. That would be a bad result.

The CA2 never took that position. Nowhere in their opinion did they defer to the legislature. They simply accepted the evidence. They do not have to deal with that issue and I doubt they will.

I don't see them holding that strict scrutiny will apply. If the argument "intermediate scrutiny is really rational basis" is argued the same way it was in the CA and petition, I doubt they will do much to change the situation and simply declare it did not meet the standard.

If you want the court to issue a broader ruling, you need to argue the case better. I suspect they took the case because it can be a very narrow ruling.

Inigoes · Jan 22, 2019

danb said:
The question now is what does the 9th do with Young.

Young should remain unaffected, as it is about shall issue licensing for open carry.

Totally separate issue, than the NY transport ban (Which is already licensed).

Disclaimer: IANAL

esqappellate · Jan 22, 2019

danb said:
Annoyed gun grabbers is still a win!

Bloomberg is coming to Annapolis this legislative session to personally push gun grabbing. Any day he's annoyed is a good day.

Source as to Bloomberg? Date? Bill?

NateIU10 · Jan 22, 2019

esqappellate said:
Source as to Bloomberg? Date? Bill?

http://www.baltimoresun.com/news/maryland/politics/bs-md-bloomberg-annapolis-20190121-story.html

danb · Jan 22, 2019

esqappellate said:
Source as to Bloomberg? Date? Bill?

another thread here:

rbird7282 said:
So this piece of crap is coming to speak to the MGA about more gun control for MD. This guy is a giant piece of shit.
We are going to get fvcked like never before by the MGA.
https://www.baltimoresun.com/news/maryland/politics/bs-md-bloomberg-annapolis-20190121-story.html

Sent from my iPhone using Tapatalk

danb · Jan 22, 2019

Inigoes said:
Young should remain unaffected, as it is about shall issue licensing for open carry.

Totally separate issue, than the NY transport ban (Which is already licensed).

Disclaimer: IANAL

I dont mean this will affect Young per se. But IIRC we should be hearing soon about en banc. Who knows, maybe we get two cases next term.

frogman68 · Jan 22, 2019

Calling it 7-0 for the plantiff RGB and one other liberal won't be there for the arguments

danb · Jan 22, 2019

A 7-0 ruling means that its narrow and does not go far enough.

esqappellate · Jan 22, 2019

NateIU10 said:
http://www.baltimoresun.com/news/maryland/politics/bs-md-bloomberg-annapolis-20190121-story.html

Thanks.

esqappellate · Jan 22, 2019

danb said:
I dont mean this will affect Young per se. But IIRC we should be hearing soon about en banc. Who knows, maybe we get two cases next term.

The standard of review is what at issue and that inquiry sweeps quite broadly. They didn't grant cert just to kick NYC on this peculiar law. The key paragraph is in petitioners' reply:

Moreover, even though New York’s ordinance stands alone, it does not mean that the circuits are not in disarray. The City does not and cannot explain why New York City should be allowed to preclude its residents from honing the safe and effective use of their handguns at shooting ranges outside city limits if it is unconstitutional for Chicago to preclude its residents from honing the safe and effective use of their handguns at shooting ranges inside city limits. See Ezell v. City of Chicago, 651 F.3d 684, 697 (7th Cir. 2011). The need for this Court’s intervention and further clarification of the proper analysis of various efforts to treat that right like no other constitutional right is acute.

Occam · Jan 22, 2019

esqappellate said:
The key paragraph is in petitioners' reply

Ah! That does warm my heart just a bit. Thanks for pointing that out.

Fedora · Jan 22, 2019

esqappellate said:
The standard of review is what at issue and that inquiry sweeps quite broadly. They didn't grant cert just to kick NYC on this peculiar law. The key paragraph is in petitioners' reply:

Moreover, even though New York’s ordinance stands alone, it does not mean that the circuits are not in disarray. The City does not and cannot explain why New York City should be allowed to preclude its residents from honing the safe and effective use of their handguns at shooting ranges outside city limits if it is unconstitutional for Chicago to preclude its residents from honing the safe and effective use of their handguns at shooting ranges inside city limits. See Ezell v. City of Chicago, 651 F.3d 684, 697 (7th Cir. 2011). The need for this Court’s intervention and further clarification of the proper analysis of various efforts to treat that right like no other constitutional right is acute.

Thank you, esqappellate. That last sentence (now emboldenated for emphasis) screams for a determination on scrutiny.

CrabcakesAndFootball · Jan 22, 2019

Thanks to those providing updates in this thread. This will be one to watch for sure.

Others on here know better than I, but given esqappellate's framing of this case as one that may make clear the appropriate standard of review generally applicable in 2A cases and the petitioners' briefing re: lower courts resistance of Heller and McDonald, I am fully hoping/expecting Justice Thomas to unload a bit on the lower courts. Hopefully its in the majority opinion, but seems more likely it would be in a concurrence.

F5guy · Jan 22, 2019

made it to SCOTUS after all https://www.reuters.com/article/us-...-major-new-york-gun-rights-case-idUSKCN1PG1QQ

danb · Jan 22, 2019

CrabcakesAndFootball said:
Thanks to those providing updates in this thread. This will be one to watch for sure.

Others on here know better than I, but given esqappellate's framing of this case as one that may make clear the appropriate standard of review generally applicable in 2A cases and the petitioners' briefing re: lower courts resistance of Heller and McDonald, I am fully hoping/expecting Justice Thomas to unload a bit on the lower courts. Hopefully its in the majority opinion, but seems more likely it would be in a concurrence.

I am hoping for a (metaphorical) full mag dump from Thomas, Alito, Gorsuch, with Roberts and Kavanaugh hopefully joining the fun. But we will see. Roberts still concerns me. I have a bad feeling he is squishy and may not join a major but well deserved flaming.

esqappellate said:
The standard of review is what at issue and that inquiry sweeps quite broadly. They didn't grant cert just to kick NYC on this peculiar law. The key paragraph is in petitioners' reply:

Moreover, even though New York’s ordinance stands alone, it does not mean that the circuits are not in disarray. The City does not and cannot explain why New York City should be allowed to preclude its residents from honing the safe and effective use of their handguns at shooting ranges outside city limits if it is unconstitutional for Chicago to preclude its residents from honing the safe and effective use of their handguns at shooting ranges inside city limits. See Ezell v. City of Chicago, 651 F.3d 684, 697 (7th Cir. 2011). The need for this Court’s intervention and further clarification of the proper analysis of various efforts to treat that right like no other constitutional right is acute.

I can only hope 9th pays attention.

Second Circuit NYC transport law upheld

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