Supreme Court Takes Major NRA Second Amendment Case from New York

The #1 community for Gun Owners of the Northeast

Member Benefits:

  • No ad networks!
  • Discuss all aspects of firearm ownership
  • Discuss anti-gun legislation
  • Buy, sell, and trade in the classified section
  • Chat with Local gun shops, ranges, trainers & other businesses
  • Discover free outdoor shooting areas
  • View up to date on firearm-related events
  • Share photos & video with other members
  • ...and so much more!
  • HoCoShooter

    Ultimate Member
    Feb 25, 2009
    3,517
    Howard County
    The NYC transcript? Yes one can obtain a summary through the NYC legal office. As well as all comments submitted. Follow the link to the hearing for deets. Allegedly they will post it online.



    Thanks Dan. Hopefully it won’t be some redacted / summarized bs.


    Sent from my iPhone using Tapatalk
     

    Occam

    Not Even ONE Indictment
    MDS Supporter
    Feb 24, 2018
    20,378
    Montgomery County
    Another brief has shown up on the docket, and it looks like a good one:
    Brief amici curiae of National Sheriffs Association, et al. filed.

    That was a good read. Many familiar arguments, but some more in the way of put-this-all-in-context stats to shut down the entire notion that shall-issue will result in some sort of bloodbath, and indeed quite to the contrary.
     

    ddestruel

    Member
    Jun 23, 2015
    90
    On some of these briefs and in various rulings linked here they reference the presumably lawful "ban on machine guns and short barreled shotguns"

    What i dont get and maybe im seeing things wrong is no ban exists? why do briefs keep acknowledging a ban?

    the NFA created a mechanism for registry of full auto firearms and a tax stamp for ownership. but they are still in circulation, they were still produced and legally sold in new form even the GCA of 1968 still functioned around not banning them.... and it wasnt until 1986 that the government ceased issuing new tax stamps. But they still didnt ban anything select fire they are still sold every day, they just ceased operations of the regulatory tax stamp issuing mechanism?

    so im just curious what that comment is always referenced and a constantly quoted response for allowing any other ban or regulation to stand yet it seems as though the courts and some briefs are not being honest about it? Nor are they being honest about it being long standing?
     

    danb

    dont be a dumbass
    Feb 24, 2013
    22,704
    google is your friend, I am not.
    My guess is "presumptively lawful" and "longstanding" were some things inserted to get Kennedy's vote for Heller.

    The Robert's court is going to look at text, history, and tradition.

    I think a lot of ink has been wasted on a lot of things like machine guns which are at best only peripherally related, and analysis which will have no bearing on how the court will review this case.
     

    DaemonAssassin

    Why should we Free BSD?
    Jun 14, 2012
    23,991
    Political refugee in WV
    On some of these briefs and in various rulings linked here they reference the presumably lawful "ban on machine guns and short barreled shotguns"

    What i dont get and maybe im seeing things wrong is no ban exists? why do briefs keep acknowledging a ban?

    the NFA created a mechanism for registry of full auto firearms and a tax stamp for ownership. but they are still in circulation, they were still produced and legally sold in new form even the GCA of 1968 still functioned around not banning them.... and it wasnt until 1986 that the government ceased issuing new tax stamps. But they still didnt ban anything select fire they are still sold every day, they just ceased operations of the regulatory tax stamp issuing mechanism?

    so im just curious what that comment is always referenced and a constantly quoted response for allowing any other ban or regulation to stand yet it seems as though the courts and some briefs are not being honest about it? Nor are they being honest about it being long standing?

    FOPA 1986 only closed the machine gun registry. The registry is still open to new SBR's, SBS's, DD's, AOW's, and supressors.
     

    Boxcab

    MSI EM
    MDS Supporter
    Feb 22, 2007
    7,908
    AA County
    On some of these briefs and in various rulings linked here they reference the presumably lawful "ban on machine guns and short barreled shotguns"

    What i dont get and maybe im seeing things wrong is no ban exists? why do briefs keep acknowledging a ban?

    the NFA created a mechanism for registry of full auto firearms and a tax stamp for ownership. but they are still in circulation, they were still produced and legally sold in new form even the GCA of 1968 still functioned around not banning them.... and it wasnt until 1986 that the government ceased issuing new tax stamps. But they still didnt ban anything select fire they are still sold every day, they just ceased operations of the regulatory tax stamp issuing mechanism?

    so im just curious what that comment is always referenced and a constantly quoted response for allowing any other ban or regulation to stand yet it seems as though the courts and some briefs are not being honest about it? Nor are they being honest about it being long standing?
    We want to take small bites of the elephant. Worry about the long game. Set up standards of review and then make them review eveything under the new standards. If it helps the review by misquoting about the "most evilist and dangerous" guns, so be it.



    .

    Sent from my SM-G950U using Tapatalk
     

    danb

    dont be a dumbass
    Feb 24, 2013
    22,704
    google is your friend, I am not.
    The fact that NY can easily change the regulation means they can easily change it back too.

    They continue to defend the rule ("public safety") and only attempted to moot the case after cert was granted. I am not foreseeing the Supreme Court agreeing to dismiss. It was a risky gamble I think will backfire on NYC.
     

    krucam

    Ultimate Member
    The fact that NY can easily change the regulation means they can easily change it back too.

    They continue to defend the rule ("public safety") and only attempted to moot the case after cert was granted. I am not foreseeing the Supreme Court agreeing to dismiss. It was a risky gamble I think will backfire on NYC.

    We all hope so...crossing my finger that SCOTUS ignores all of this BS...
     

    Inigoes

    Head'n for the hills
    MDS Supporter
    Dec 21, 2008
    49,517
    SoMD / West PA
    The fact that NY can easily change the regulation means they can easily change it back too.

    They continue to defend the rule ("public safety") and only attempted to moot the case after cert was granted. I am not foreseeing the Supreme Court agreeing to dismiss. It was a risky gamble I think will backfire on NYC.

    We all hope so...crossing my finger that SCOTUS ignores all of this BS...

    I think it's important to note the regulation is not changing, only the NYPD's interpretation of the regulation.

    https://council.nyc.gov/legislation/
     
    Last edited:

    ReviledExpat

    Banned
    BANNED!!!
    Mar 26, 2019
    9
    The problem is with our court system. Constitutional reviews should not need an actual controversy. The Supreme Court should be allowed to analyze laws in the abstract and lay out standards of review without a particular rule that can be changed.
     

    danb

    dont be a dumbass
    Feb 24, 2013
    22,704
    google is your friend, I am not.
    The problem is with our court system. Constitutional reviews should not need an actual controversy. The Supreme Court should be allowed to analyze laws in the abstract and lay out standards of review without a particular rule that can be changed.

    No that is the legislatures job to make laws.

    Once you get justices involved in abstract constitutional review it becomes intellectual masturbation. This is what academia is for. There are plenty of professors of Law that do this. Some even do it well and honestly.
     

    BeoBill

    Crank in the Third Row
    MDS Supporter
    Oct 3, 2013
    27,143
    南馬里蘭州鮑伊
    No that is the legislatures job to make laws.

    Once you get justices involved in abstract constitutional review it becomes intellectual masturbation. This is what academia is for. There are plenty of professors of Law that do this. Some even do it well and honestly.

    And there are plenty of -0--appointed activist judges in the circuits that are quite happy to do this now.
     

    Occam

    Not Even ONE Indictment
    MDS Supporter
    Feb 24, 2018
    20,378
    Montgomery County
    And there are plenty of -0--appointed activist judges in the circuits that are quite happy to do this now.

    But they can't initiate review/ruling just because they feel like it. Somebody with standing has to bring an issue before them. How they rule is a separate (and frequently maddening) issue.
     

    Users who are viewing this thread

    Forum statistics

    Threads
    275,323
    Messages
    7,277,216
    Members
    33,436
    Latest member
    DominicM

    Latest threads

    Top Bottom