Supreme Court Takes Major NRA Second Amendment Case from New York

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  • rbird7282

    Ultimate Member
    MDS Supporter
    Dec 6, 2012
    18,538
    Columbia
    The political left has now completely given up on any concerns that their motivations and tactics are transparently obvious. They simply don't care anymore. They have a press working full time to spin and obfuscate that for them, or to indeed cheer it on even when it's obvious nonsense. They really don't care if they're caught doing BS like that, because they've officially decided that the ends justify the means, no matter how transparently sleazy. Just look at the Kavanaugh proceedings. They're done with shame. It no longer impacts their thinking in any way.



    Yep.


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    rbird7282

    Ultimate Member
    MDS Supporter
    Dec 6, 2012
    18,538
    Columbia
    As a bit of a side bar, it's interesting that even a writer for the AP is pointing out the increasing influence that Thomas has within the SCOTUS, and that he's not planning on retiring any time soon. Hang in there, Justice Thomas!

    https://www.apnews.com/fbb07af9d5254aecbbab9422faf405ba



    Too bad there aren’t nine of him on the Court, that would be awesome


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    Mark75H

    MD Wear&Carry Instructor
    Industry Partner
    MDS Supporter
    Sep 25, 2011
    17,174
    Outside the Gates
    I now think TTAG is mistaken. This is for the NYC carry case on appeal at the 2nd circuit, not the supreme court case. I wondered why it did not appear on the docket and the case no did not match.

    Not the first time they have mixed up something like this
     

    press1280

    Ultimate Member
    Jun 11, 2010
    7,878
    WV
    I now think TTAG is mistaken. This is for the NYC carry case on appeal at the 2nd circuit, not the supreme court case. I wondered why it did not appear on the docket and the case no did not match.

    I believe there are actually 2 cases at the 2nd circuit, one has already had oral arguments.
     

    krucam

    Ultimate Member
    NYSRPA v NYC (Transport) Petition Granted at SCOTUS
    NYSRPA v Beach (Carry) awaiting Oral Arguments at CA2, Case 19-156

    There are 2 NYSRPA cases and believe that is the confusion, myself included.
     

    press1280

    Ultimate Member
    Jun 11, 2010
    7,878
    WV
    NYSRPA v NYC (Transport) Petition Granted at SCOTUS
    NYSRPA v Beach (Carry) awaiting Oral Arguments at CA2, Case 19-156

    There are 2 NYSRPA cases and believe that is the confusion, myself included.

    I can't link to it but I think it's N.Y. Libertarian party v. Cuomo. This case has been around a long time, I thought it was dead.
    They did already have orals and would likely be ahead of Beach at the 2nd circuit pecking order.
     

    Blacksmith101

    Grumpy Old Man
    Jun 22, 2012
    22,163
    I can't link to it but I think it's N.Y. Libertarian party v. Cuomo. This case has been around a long time, I thought it was dead.
    They did already have orals and would likely be ahead of Beach at the 2nd circuit pecking order.

    Here it is:
    https://dockets.justia.com/docket/new-york/nywdce/1:2015cv00654/103841

    Brief from Everytown:
    https://everytownresearch.org/law/libertarian-party-erie-county-v-cuomo/

    Brief from Giffords:
    https://lawcenter.giffords.org/wp-c...RK-1345489-v1-Filed_Giffords_Amicus_Brief.pdf
     

    krucam

    Ultimate Member
    Great Opening Brief by Clement. Many here lamented the limited ‘Transport’ scope of this case. The last 1/3 of the brief where he talks about Scrutiny is delicious...this has been the problem in 2A litigation for 10+ years, since Heller...
     

    CrabcakesAndFootball

    Active Member
    Jun 14, 2017
    697
    Great Opening Brief by Clement. Many here lamented the limited ‘Transport’ scope of this case. The last 1/3 of the brief where he talks about Scrutiny is delicious...this has been the problem in 2A litigation for 10+ years, since Heller...

    Amen brother. I particularly loved this line:

    "In practice, that means that the Second Circuit will not apply strict scrutiny to any law that is not materially identical to the laws struck down in Heller and McDonald."

    It is true!
     

    Bagpiperer

    Active Member
    Mar 23, 2013
    291
    Ending the 2A two-step of rational basis review masquerading as intermediate scrutiny would be a major coup, and would provide a great springboard for future cases.
     

    JPG

    Ultimate Member
    Aug 5, 2012
    6,996
    Calvert County
    Ending the 2A two-step of rational basis review masquerading as intermediate scrutiny would be a major coup, and would provide a great springboard for future cases.

    If the courts listen. We have seen when it comes the the 2A, it doesn't matter what the Supreme Court Rules. Lower courts will rule how they want.
     

    ed bernay

    Active Member
    Feb 18, 2011
    184
    I'm very happy to see this especially because its NYC. It is run by authoritarian politicians. I've been waiting to see a case to challenge the BS premise license requirement for exercising a enumerated fundamental right even in your own home. It should be NICS when you buy a gun and that's it.

    If I had the money, I'd buy property in each of the five boroughs and start building large firing ranges. If the unconstitutional premise license goes away, there is going to be huge demand by law abiding people for gun shops, training, and places to shoot.
     

    krucam

    Ultimate Member
    NYC’s Amendment adds the following:
    • Another premises where the licensee is authorized to have and possess a handgun;

    • A small arms range/shooting club authorized by law to operate as such, whether located within or outside New York City; or

    • A shooting competition at which the licensee may possess the handgun consistent with the law applicable at the place of the competition.
     

    CrueChief

    Cocker Dad/RIP Bella
    Apr 3, 2009
    2,999
    Napolis-ish
    NYC’s Amendment adds the following:
    • Another premises where the licensee is authorized to have and possess a handgun;

    • A small arms range/shooting club authorized by law to operate as such, whether located within or outside New York City; or

    • A shooting competition at which the licensee may possess the handgun consistent with the law applicable at the place of the competition.

    But nothing for the poor out of town schlub who has an issue at the airport?
     

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