Supreme Court Takes Major NRA Second Amendment Case from New York

Kharn · Dec 6, 2019

danb said:
you can find a link to the transcript on scotusblog.

There have been no orders related to this case. For sure, the justices voted by now.

They meet after lunch to vote on the cases, so the miscellaneous orders list is posted before they leave for the day. Check again around 4pm.

TheBert · Dec 6, 2019

lazarus said:
It was an interesting question from her. I think she’ll vote to moot, but yeah, it is an excellent question and point. Beyond that is the burden. “Go buy 2 guns if you actually want to protect yourself in your homes”. Granted, if you own two homes, a 2nd gun is probably within your means, but that really is beyond the point.

The question still remains, am I allowed to use Arms to defend myself and protect my property when I am traveling between my two homes?

delaware_export · Dec 6, 2019

Yep, The link with the transcript was posted several pages back. (Maybe more than several) may have been Tuesday . Found it

https://www.supremecourt.gov/oral_arguments/argument_transcripts/2019/18-280_m64o.pdf

danb said:
you can find a link to the transcript on scotusblog.

There have been no orders related to this case. For sure, the justices voted by now.

danb · Dec 6, 2019

one new case granted: 19-309 CARNEY, GOV. OF DE V. ADAMS, JAMES R.

https://www.scotusblog.com/case-files/cases/carney-v-adams/

first amendment case.

motorcoachdoug · Dec 6, 2019

Kharn said:
They meet after lunch to vote on the cases, so the miscellaneous orders list is posted before they leave for the day. Check again around 4pm.

I just check the orders of the court and their is nothing under miscellaneous orders. Cert has been granted in a case of the gov of DE vs Adams,James

danb · Dec 6, 2019

Kharn said:
They meet after lunch to vote on the cases, so the miscellaneous orders list is posted before they leave for the day. Check again around 4pm.

Based on the properties of the pdf file of the miscellaneous orders (yes, you can do that), for 11/15, 11/22 and 12/6: The 11/22 file was created at around 1145am, and today's file as well as the 11/15 was created at around 1:45 pm. (ETA: the one on 11/1 was 1pm). All were released shortly thereafter.

ETA: so i am not sure its a "regular" time, only that recently we get grants in the afternoon on fridays now, by around 2:30 ish

jcutonilli · Dec 6, 2019

Oyez has the linked audio and transcript

https://www.oyez.org/cases/2019/18-280

It highlights the paragraph of the transcript and justice that is speaking. It is kind of cool way to listen/read the oral argument.

lazarus · Dec 6, 2019

TheBert said:
The question still remains, am I allowed to use Arms to defend myself and protect my property when I am traveling between my two homes?

Yes. Or at least you should be able to. I agree with you, it is more that I am shocked by her question (that it came from her). When RBG is pointing out how odious your restriction on the 2nd, you know you done ****ed up.

roadking · Dec 6, 2019

lazarus said:
Yes. Or at least you should be able to. I agree with you, it is more that I am shocked by her question (that it came from her). When RBG is pointing out how odious your restriction on the 2nd, you know you done ****ed up.

I don’t think a NY court would agree with you. If you’re traveling between your two homes and have the firearms safely unloaded, separate from the ammo, under what condition could you imagine that a self defense plea would work? If you had the time to stop, unpack your gun, load the mag, load the gun, then fire the court would say you also had the time and ability to flea or extract yourself from danger. I don’t know NY laws on standing your ground, and I’m not a lawyer, but given the state’s liberal leaning I can’t imagine a situation where they’d side with you that you had no other choice than to stop everything, unpack, load and fire.

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delaware_export · Dec 6, 2019

the 4 lefties are interesting. breyer especially holds the heller ruling in high contempt, and even says that.

oh well. time will tell. clement even seemed to get a small dig in, during rebuttal, that lower courts failed. it should have been more blatant. he noted that things have dragged on for 5 years, and every court agreed with the city's old rule. all agreed it only changed the rule because of cert.

and no one said, that if it was that wrong, why didn't any lower court think it was wrong.

TheBert · Dec 6, 2019

roadking said:
I don’t think a NY court would agree with you. If you’re traveling between your two homes and have the firearms safely unloaded, separate from the ammo, under what condition could you imagine that a self defense plea would work? If you had the time to stop, unpack your gun, load the mag, load the gun, then fire the court would say you also had the time and ability to flea or extract yourself from danger. I don’t know NY laws on standing your ground, and I’m not a lawyer, but given the state’s liberal leaning I can’t imagine a situation where they’d side with you that you had no other choice than to stop everything, unpack, load and fire.

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Why do I have to transport my firearms like sticks and rocks and my ammo in a box like marbles? How do I defend myself?

HaveBlue · Dec 6, 2019

HaveBlue said:
CSPAN has release audio for other SCOTUS cases.

The audio from oral arguments has be posted by CSPAN!

http://www.c-span.org/video/?464583-1/

Blacksmith101 · Dec 6, 2019

HaveBlue said:
The audio from oral arguments has be posted by CSPAN!

http://www.c-span.org/video/?464583-1/

It is on Comcast in the Elkton area now. :thumbsup:

roadking · Dec 6, 2019

TheBert said:
Why do I have to transport my firearms like sticks and rocks and my ammo in a box like marbles? How do I defend myself?

Because the current laws say you have to? Or, were your questions rhetorical? I don’t know the rules of NY, so I don’t know the exact restrictions on transporting guns there. But I do know they don’t allow CCW easily. So that seems to imply you can’t “transport” a weapon that is ready to quickly and easily use in self defense.

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motorcoachdoug · Dec 7, 2019

So now we wait and see if Roberts will cause it to be moot or shall it be kept alive?

press1280 · Dec 7, 2019

motorcoachdoug said:
So now we wait and see if Roberts will cause it to be moot or shall it be kept alive?

Pretty much. The more time passes without an order on this case (and the held cases do not move), the more likely we get a decision on the actual merits of the case.

ironpony · Dec 7, 2019

Then given the late June decision estimate we are 3% of the way there!

Allen65 · Dec 7, 2019

ironpony said:
Then given the late June decision estimate we are 3% of the way there!

That'll be just in time to serve as a basis for a Federal court injunction against the 2A sh*t sandwich that MGA is going to hand us in this upcoming session.

Kharn · Dec 7, 2019

The held cases not moving is the bigger tracking metric, IMO. Seeing the case(s) distributed for conference is the first warning order that something is afoot, per normal procedures. I'm not sure if they can spontaneously discuss a case at conference without that courtesy.

Alito writing about not moot and Thomas writing about the law violating the 2A would be my expected dissents (or combined dissent) from a finding of moot or DAIG, which would take some time.

press1280 · Dec 7, 2019

I just wonder about the case being "DIG"ed. It wasn't improvidently granted; the case would have been clear cut if NYC hadn't decided after the fact to moot the case.

Supreme Court Takes Major NRA Second Amendment Case from New York

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