Supreme Court Takes Major NRA Second Amendment Case from New York

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  • danb

    dont be a dumbass
    Feb 24, 2013
    22,704
    google is your friend, I am not.
    What I want is not a "strong" or weak ruling, but one that stands the test of time. Especially since they are embarking on overruling some precedents.
     

    Kharn

    Ultimate Member
    Mar 9, 2008
    3,578
    Hazzard County
    I also noted the number of times that language was deployed, and have assumed there's a strategic reason - not clear to my layman's understanding - for doing so. I would hate for the SCOTUS to do the unthinkable, and somehow find that NYC's absurd law would be fine, as long as it's modified to require that all transport is done in that manner. Presumably, the reference to even that ultra-"safe" belt-and-suspenders way of transport being considered illegal is a rhetorical device meant to show that the law is preposterous, in its phony appeal to public safety.

    It was an incredulous reaction, the SG couldn't believe that even a locked-and-ammo-separated firearm could not be carried between destinations when everyone else allows at least unloaded.
     

    danb

    dont be a dumbass
    Feb 24, 2013
    22,704
    google is your friend, I am not.
    NYC’s Public comment period for proposed changes to the Transport Law...yeah, they WILL CERTAINLY continue in their attempt to moot the case...

    https://rules.cityofnewyork.us/content/amendment-premise-handgun-license-rules

    Tomorrow is the hearing on NY regulation.

    Subject:

    Amendment to Premise Handgun License Rules
    Public Hearing Date:
    Friday, May 17, 2019 - 10:00am
    Contact:

    No contact
    Location:
    Press Room - Second Floor
    One Police Plaza
    New York, NY 10038

    does anyone know if there is some sort of live feed? :popcorn:

    They have only received 23 comments over the internet. A summary of the remainder need to be requested from the Legal Bureau
     

    fightinbluhen51

    "Quack Pot Call Honker"
    Oct 31, 2008
    8,974
    Tomorrow is the hearing on NY regulation.



    does anyone know if there is some sort of live feed? :popcorn:

    They have only received 23 comments over the internet. A summary of the remainder need to be requested from the Legal Bureau

    Where can I send my "if you change the current law, blood will run in the streets like the Amazon river" comment?
     

    press1280

    Ultimate Member
    Jun 11, 2010
    7,878
    WV
    Tomorrow is the hearing on NY regulation.



    does anyone know if there is some sort of live feed? :popcorn:

    They have only received 23 comments over the internet. A summary of the remainder need to be requested from the Legal Bureau

    NYC residents probably have no clue outside the few gun owners that reside there.
     

    krucam

    Ultimate Member
    NYC’s Public comment period for proposed changes to the Transport Law...yeah, they WILL CERTAINLY continue in their attempt to moot the case...

    https://rules.cityofnewyork.us/content/amendment-premise-handgun-license-rules

    Hearing on rules change is this morning at 10am EDT.

    Public Hearing
    Subject:
    .Amendment to Premise Handgun License Rules

    Public Hearing Date:
    Friday, May 17, 2019 - 10:00am
    Contact:
    No contact

    Location:
    Press Room - Second Floor
    One Police Plaza
    New York, NY 10038
     

    ReviledExpat

    Banned
    BANNED!!!
    Mar 26, 2019
    9
    It's not about whether the ruling is strong or weak, or even about the outcome. What's important is that the Supreme Court lay out the standard of scrutiny that other cases will be judged by.
     

    danb

    dont be a dumbass
    Feb 24, 2013
    22,704
    google is your friend, I am not.
    The standard will be: text, history, and tradition.

    Roberts (it is said) has never been a fan of importing "standards of scrutiny" to 2nd amendment jurisprudence. Seeing the anti-gun briefs argue to preserve means-end scrutiny makes me agree with this assessment.
     

    delaware_export

    Ultimate Member
    Apr 10, 2018
    3,143
    Just a non lawyers Curiosity :

    How is this handled in relation to other rights?

    Speech religion search/seizure self incrimination press LGBT-ish stuff etc?

    The standard will be: text, history, and tradition.

    Roberts (it is said) has never been a fan of importing "standards of scrutiny" to 2nd amendment jurisprudence. Seeing the anti-gun briefs argue to preserve means-end scrutiny makes me agree with this assessment.
     

    Blacksmith101

    Grumpy Old Man
    Jun 22, 2012
    22,156
    The standard will be: text, history, and tradition.

    Roberts (it is said) has never been a fan of importing "standards of scrutiny" to 2nd amendment jurisprudence. Seeing the anti-gun briefs argue to preserve means-end scrutiny makes me agree with this assessment.

    Did you read this brief on gun law "History"?
    https://www.supremecourt.gov/DocketPDF/18/18-280/99640/20190514123434398_Charles Brief.pdf

    I think Strict Scrutiny will be less open to creative interpretation.
     

    press1280

    Ultimate Member
    Jun 11, 2010
    7,878
    WV
    The standard will be: text, history, and tradition.

    Roberts (it is said) has never been a fan of importing "standards of scrutiny" to 2nd amendment jurisprudence. Seeing the anti-gun briefs argue to preserve means-end scrutiny makes me agree with this assessment.

    Listen to Heller oral arguments, he spells it out pretty clearly
     

    danb

    dont be a dumbass
    Feb 24, 2013
    22,704
    google is your friend, I am not.
    Did you read this brief on gun law "History"?
    https://www.supremecourt.gov/DocketPDF/18/18-280/99640/20190514123434398_Charles Brief.pdf

    I think Strict Scrutiny will be less open to creative interpretation.

    I used to think that.

    The mere fact that Giffords et al are arguing for mean-end scrutiny though makes me now think otherwise.

    The problem with the Charles brief is that its more like a collection of anecdotes with no consideration of each states' constitutional guarantee or tradition. Prior to the 14th amendment, individual state laws are irrelevant except insofar as that state had a constitutional guarantee of the RKBA that mirrors the Federal one. The 2nd amendment was not incorporated against the states. Some states did whatever they wanted because they had no constitutional guarantee of RKBA. Other states had the constitutional guarantee (but for example in PA and VA the tradition is open carry outside the home).

    The other problem with the Charles brief IMO is that he overlooks some key legal procedural and other items. For example on the much discussed Statute of Northampton, he overlooks the fact the statute imposing justifiable need is better read IMO as an affirmative defense if caught, not a licensing requirement or prohibition. Also, the consequence was that one posted bond for good behavior. Not: jail, loss of rights, etc. The consequence sounds more like probation.

    Also, the other item which every brief overlooks is that nearly every single state allows for a common law defense of self defense outside the home (although each state may have imposed differing duties to retreat first). Kinda weird that I could plead self defense for shooting someone, maybe they were trying to rob me, but could not carry the tools to make that happen...

    Bottom line (for me) Clement and USG put all their eggs in the "text, history, tradition" basket so I am 100% sure thats what we will get.
     

    danb

    dont be a dumbass
    Feb 24, 2013
    22,704
    google is your friend, I am not.
    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.
     

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