So since it is not in today's orders they might be taking a real hard look at this and trying to decide on what to do with it as well since NYC has basically told the court to take a hike and leave our case alone....
Supreme Court Takes Major NRA Second Amendment Case from New York
- Thread starter Bigfoot21075
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danb
dont be a dumbass
Another potential (and different) attempt to moot the case (https://www.thetruthaboutguns.com/2...-keep-restrictions-at-heart-of-scotus-case/):
https://legislation.nysenate.gov/pdf/bills/2019/s6151
So if I have a premises license in upstate NY, I could not bring that pistol to NY for vacation.
An interesting twist: this exception is unlikely to moot the case. If you can take it out of the city to a vacation home, you almost assuredly bring one to the city.
https://legislation.nysenate.gov/pdf/bills/2019/s6151
So if I have a premises license in upstate NY, I could not bring that pistol to NY for vacation.
An interesting twist: this exception is unlikely to moot the case. If you can take it out of the city to a vacation home, you almost assuredly bring one to the city.
CrueChief
Cocker Dad/RIP Bella
This will be the blue print moving forward, when a loss isn't a loss. The PRoMD will no doubt go down this road when it is their turn in the barrel. And the only way they issue permits to average Joe's and Jane's is by threat of the court, what ever that means or entails.
We are still at least 7-8 yrs from permits being available here. And if the NY okie doke works could be even longer.
danb
dont be a dumbass
Been over 30 days and no update on the rules, yet.
Not holding my breath. IIRC NYC briefs are due August 5. I would think that if they want to claim mootness they will want the final rules in effect before that.
They might wait until the term is over, file a bunch of stuff, and then really piss off the justices while they are on vacation.
But even then, MD will continue the ridiculous licensing requirements, interviews, blah, blah, blah. It should be Constitutional Carry everywhere, or at most fill out a form at the Sheriff’s office.
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jcutonilli
Ultimate Member
- Mar 28, 2013
- 2,474
There is still more than two weeks left for them to approve and have the rules be effective before NYC's brief is due.
delaware_export
Ultimate Member
- Apr 10, 2018
- 3,229
I heard a report the ny/nyc changed the law involved here. The report did NOT include a link to a good source. can anyone confirm or bust this report?
krucam
Ultimate Member
New Rule, effective July 21st. It’s showing as “Adopted”...
https://rules.cityofnewyork.us/content/premise-handgun-license-amendment
https://rules.cityofnewyork.us/content/premise-handgun-license-amendment
Last edited:
This.
Still don’t see how the amended rule moots the case... Effing commies...
“Another residence, or place of business, of the licensee where the licensee is authorized to possess such handgun. Such residence or place of business may be within or outside New York City.”
So what if you are going hunting in PA? Or just traveling in free America, but not to another “residence?” You’re still in violation of their unconstitutional law.
HoCoShooter
Ultimate Member
That does nothing to stop the SCOTUS review, does it? Isn’t this just NY’s expected chess move?
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It does if SCOTUS says it does. That seems unlikely based on the briefs. A law change can moot a courts review. This is a rule change AND SCOTUS can choose to review the new rule and also the rule making process.
All signs point to SCOTUS, at least the conservative judges and possibly even a liberal or two are very upset with NY on their attempted dodge.
At a minimum I think scotus is going to strike down the whole thing for NY and instruct the lower courts to look at it with jaundiced eye for whatever NY comes up with.
Possibly likely is they’ll slam them hard and dictate to the lower courts all 2A cases, just like other rights, need strict scrutiny and will hold courts accountable with them inevitably don’t apply strict scrutiny (for many of them).
Oh and also open up transportation and premises restrictions nation wide.
Possibly directly applicable to us Marylanders is we are heavily restricted in the transport of a handgun. I doubt there is anyway this can open up shall issue to us, but it might either loosen or strike down the handgun transport stuff and give us real open carry.
Some day. I am sure it’ll require relitigating based on what comes out of the scotus decision and may result in law making by MDLeg as they attempt the most narrow accommodation of the decision. Probably violating it, more legal stuff, blah blah.
Could take years. But it’s hope.
danb
dont be a dumbass
If SCOTUS doesn't moot the case strictly because of this then it almost becomes more of a commerce clause case. This has the potential to make a wider victory on the commerce clause but leaves nothing for the 2A.
The one thing that still has me scratching my head is why the city isn't simply making the defense that if you want to do all of these things (transport to other states, exc.), then one can apply for an unrestricted CCW. The license is what it is.
I guess I'm one of the few that believes the city won't do that even if SCOTUS backs out. These extra "exceptions" are such small potatoes and the other anti-gun states will probably beg NYC to keep them in place to avoid pissing SCOTUS off and having them instead take a case that is much more sweeping in scope.
krucam
Ultimate Member
Not knowing what’s in their calculus, can’t help but think they were holding back Rogers, Mance, Pena, Gould knowing NYSRPA May get mooted. NYSRPA would allow them to pen a narrower ruling, which is why it may have been taken.
If NYSRPA gets mooted, I’d expect Pena to get picked up as it is probably the least risky of the 4 on hold...
If NYSRPA gets mooted, I’d expect Pena to get picked up as it is probably the least risky of the 4 on hold...
Pena started in 2009.
danb
dont be a dumbass
I didnt think that Pena (magazine ban) had as clear a circuit split as Rogers or Gould.
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