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!
  • Occam

    Not Even ONE Indictment
    MDS Supporter
    Feb 24, 2018
    20,396
    Montgomery County
    Bloomberg is getting his money’s worth this morning.
     

    Attachments

    • FC00768C-EFEE-4D26-A591-74EA3D370745.jpg
      FC00768C-EFEE-4D26-A591-74EA3D370745.jpg
      58.2 KB · Views: 505

    Inigoes

    Head'n for the hills
    MDS Supporter
    Dec 21, 2008
    49,538
    SoMD / West PA
    Going back to the basics in looking at this particular case. The right to travel and commerce clause has been rolled in:

    18-280 NEW YORK STATE RIFLE & PISTOL ASSN., INC. V. CITY OF NEW YORK

    DECISION BELOW: 883 F.3d 45

    CERT. GRANTED 1/22/2019

    QUESTION PRESENTED:

    New York City prohibits its residents from possessing a handgun without a
    license, and the only license the City makes available to most residents allows its holder
    to possess her handgun only in her home or en route to one of seven shooting ranges
    within the city. The City thus bans its residents from transporting a handgun to any place
    outside city limits-even if the handgun is unloaded and locked in a container separate
    from its ammunition, and even if the owner seeks to transport it only to a second home
    for the core constitutionally protected purpose of selfdefense,
    or to a more convenient
    out-of-city shooting range to hone its safe and effective use.
    The City asserts that its transport ban promotes public safety by limiting the
    presence of handguns on city streets. But the City put forth no empirical evidence that
    transporting an unloaded handgun, locked in a container separate from its ammunition,
    poses a meaningful risk to public safety. Moreover, even if there were such a risk, the
    City's restriction poses greater safety risks by encouraging residents who are leaving
    town to leave their handguns behind in vacant homes, and it serves only to increase the
    frequency of handgun transport within city limits by forcing many residents to use an incity
    range rather than more convenient ranges elsewhere.

    The question presented is:

    Whether the City's ban on transporting a licensed, locked, and unloaded handgun
    to a home or shooting range outside city limits is consistent with the Second
    Amendment, the Commerce Clause, and the constitutional right to travel.

    LOWER COURT CASE NUMBER: 15-638

    https://www.supremecourt.gov/qp/18-00280qp.pdf

    This case can go sideways on non-2A grounds
     

    Cal68

    Ultimate Member
    MDS Supporter
    Oct 4, 2014
    1,999
    Montgomery County

    Thanks for posting this link. It really helped a non-lawyer like me because it used simple language to describe complex legal distinctions.

    Based upon the last sentence in the article, can I assume that the SCOTUS has decided that the issue is not "moot" and therefore are hearing the case today?

    I hope that after today's legal arguments in the SCOTUS, a similarly easily understandable review article will come out for folks like me! :)

    Cal68
     

    Defense Rifle

    Active Member
    Jul 1, 2016
    238
    NC
    What are the possible rulings?

    Could we expect nationwide open carry?

    Or all states becoming shall-issue for CC?

    I'm thinking SCOTUS is going to rule that the right to keep and bear arms extends outside the home hence state governments must either allow open carry or concealed carry (shall issue).

    I've read Kavanaugh and Gorsuch both use an originalist framework, so they believe fully in carrying of firearms in public just like in the 18th century.
     

    Blacksmith101

    Grumpy Old Man
    Jun 22, 2012
    22,269
    Thanks for posting this link. It really helped a non-lawyer like me because it used simple language to describe complex legal distinctions.

    Based upon the last sentence in the article, can I assume that the SCOTUS has decided that the issue is not "moot" and therefore are hearing the case today?

    I hope that after today's legal arguments in the SCOTUS, a similarly easily understandable review article will come out for folks like me! :)

    Cal68

    At the October conference the court decided to hear the "Mootness" arguments today along with the case so the "Moot" question has not been decided.
     

    press1280

    Ultimate Member
    Jun 11, 2010
    7,912
    WV
    What are the possible rulings?

    Could we expect nationwide open carry?

    Or all states becoming shall-issue for CC?

    I'm thinking SCOTUS is going to rule that the right to keep and bear arms extends outside the home hence state governments must either allow open carry or concealed carry (shall issue).

    I've read Kavanaugh and Gorsuch both use an originalist framework, so they believe fully in carrying of firearms in public just like in the 18th century.

    It's pretty safe to say those things aren't being decided now. But a good opinion will go a long ways towards that end.
     

    Inigoes

    Head'n for the hills
    MDS Supporter
    Dec 21, 2008
    49,538
    SoMD / West PA
    From an AP news story:

    Reflecting the high stakes, more than three dozen supporting legal briefs have been filed. The Trump administration, 25 mainly Republican states and 120 members of the House of Representatives are on the side of the gun owners.

    A dozen Democratic-led states and 139 House lawmakers back the city. In addition, Sen. Sheldon Whitehouse, D-R.I., a vocal critic of the present Supreme Court, filed a brief joined by four Democratic Senate colleagues that asked the justices to dismiss the case and resist being drawn into what he called a political project.

    Whitehouse also included a warning to the justices. “The Supreme Court is not well. And the people know it. Perhaps the Court can heal itself before the public demands it be ‘restructured in order to reduce the influence of politics,'” he wrote, quoting a public opinion poll showing support for such changes.

    All 53 Republican senators responded with a letter urging the court not to be cowed by the Democrats’ threats.

    A decision is expected by late June.

    https://www.courthousenews.com/supreme-court-takes-up-gun-case-despite-change-in-law/
     

    Robertjeter

    Active Member
    May 11, 2018
    460
    Eastern Shore, MD
    Seems like most of the people who were there said the focus was on mootness issue. 45 min of the hour or so spent on that. Also for those reporters who were there and guessing, that Roberts may side with liberal justices on case being moot. No bueno.


    Sent from my iPhone using Tapatalk
     

    Users who are viewing this thread

    Latest posts

    Forum statistics

    Threads
    275,420
    Messages
    7,280,905
    Members
    33,451
    Latest member
    SparkyKoT

    Latest threads

    Top Bottom