NYC CCW case is at SCOTUS!

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  • wjackcooper

    Member
    Feb 9, 2011
    689
    Wow, thanks for posting press 1280!

    Paul Clement:

    “As this Court made clear in both Heller and McDonald, the Second Amendment, at its core, guarantees a right to keep and bear arms for self- defense. . . . That commonsense conclusion is compelled by the text and structure of the Second Amendment, by the history of the right it protects, and by any fair reading of both Heller and McDonald.
    . . .
    “Millions of law-abiding Americans are suffering a shifting patchwork of denials of a constitutional right that most states, jurists, and this Court recognize as fundamental.
    . . .
    “And the Fourth Circuit in Woollard did not even acknowledge historical inquiry as a component of Heller’s analysis; instead, the court held that Maryland’s carry regime withstood scrutiny without so much as considering the scope of the right. See 712 F.3d at 874-76.
    . . .
    Text, history, and tradition readily confirm that the Second Amendment protects a right to carry a firearm outside the home for self-defense.
    . . .
    Time and again, courts have effectively replaced Heller’s textually and historically grounded analysis with a loose form of “interest-balancing” in which the state always wins.”

    Seems to me the odds favor a 5 - 4, if not a 6 - 3 win.

    Yea!

    Regards
    Jack
     
    Last edited:

    wjackcooper

    Member
    Feb 9, 2011
    689
    “REASONS FOR GRANTING THE PETITION......... 8 I. This Court Should Resolve The Open And Acknowledged Circuit Split On Whether The Second Amendment Protects A Right To Carry A Handgun Outside The Home. ..............”*

    Looks to me like Clement has postured the petition in such a way that the first issue before the court involves other states and “millions” of people. In any event, N.Y. (a party to the case) has no power to moot the case. Thanks to Donald Trump . . . there is reason to hope there is not 5 votes to moot even if N.Y. goes shall issue.

    Roberts is not in the driver’s seat, unless 4 other justices agree with him.

    Regards
    Jack

    *https://d3uwh8jpzww49g.cloudfront.n...020-12-17-nra-corlett-cert-petition-final.pdf page 9.
     

    Decoy

    Active Member
    MDS Supporter
    Mar 2, 2007
    4,676
    Dystopia
    I have zero faith in the SCOTUS, they will find some backasswards reason to punt it.
     

    Occam

    Recovering Lurker
    MDS Supporter
    Feb 24, 2018
    14,823
    Montgomery County
    I have zero faith in the SCOTUS, they will find some backasswards reason to punt it.

    That’s a common feeling, come by honestly. But then, we haven’t had the recipe of Thomas, Alito, Gorsuch, Barret, and Kavanaugh before when anything like this has been attempted. Roberts could fully occupy the RBG slot and it wouldn’t matter if those five are on the right page of the constitution.
     

    Allen65

    Active Member
    MDS Supporter
    Jun 29, 2013
    4,187
    Anne Arundel County
    Only way to moot it is to go shall issue. Plaintiffs aren’t claiming any special need (carrying cash, valuables,exc), so if they get a license then everyone does.

    Not quite. NY could find that the two individual plaintiffs and every current member of NYSRPA have "proper cause" to be issued a permit.
     

    Occam

    Recovering Lurker
    MDS Supporter
    Feb 24, 2018
    14,823
    Montgomery County
    Not quite. NY could find that the two individual plaintiffs and every member of NYSRPA have "proper cause" to be issued a permit.

    Which would be so blatantly an attempt at preventing cert from a now more solidly originalist slate of justices that I think they'd lose even harder if they tried something that moronic.
     

    Kharn

    Active Member
    Mar 9, 2008
    3,383
    Hazzard County
    Maybe this time the result will be different.
     

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    Allen65

    Active Member
    MDS Supporter
    Jun 29, 2013
    4,187
    Anne Arundel County
    Which would be so blatantly an attempt at preventing cert from a now more solidly originalist slate of justices that I think they'd lose even harder if they tried something that moronic.

    It would be a huge gamble, with the current SCOTUS makeup. But Cuomo's ego and mistaken belief in his own intellectual and moral superiority are certainly big enough for him to try it. I'll be standing by with popcorn for what will hopefully be an epic smackdown for NY.
     

    frogman68

    товарищ плачевная
    Apr 7, 2013
    8,761
    Sadly if we don’t keep GA , NY will win 9~6 at SCOTUS
     

    ElGato

    Junior Member
    As liberal new york is i'm convinced they'll go shall issue and yet here in maryland we will be SOL ��

    Hey if anyone wants someone to sign on a shall-issue suit for MD I'm all ears. I'll gladly take requirements for training, licensing and insurance if I know I will eventually get the thing.

    I need training, licensing and insurance for work and vehicles so I'm fine with it for firearms.
     

    Occam

    Recovering Lurker
    MDS Supporter
    Feb 24, 2018
    14,823
    Montgomery County
    I need training, licensing and insurance for work and vehicles so I'm fine with it for firearms.

    Do you feel that way about a gallon of gas or a pocket knife?

    More to the point, do you feel that way about typing out your thoughts here? Just like the 2A protects you from the government infringing on your tools of self defense, the 1A protects you from infringement on speaking your mind. Are you OK with needing some licensing and insurance for that? If not, why not?
     

    teratos

    My hair is amazing
    MDS Supporter
    Jan 22, 2009
    44,918
    Bel Air
    Hey if anyone wants someone to sign on a shall-issue suit for MD I'm all ears. I'll gladly take requirements for training, licensing and insurance if I know I will eventually get the thing.

    I need training, licensing and insurance for work and vehicles so I'm fine with it for firearms.

    Avatar checks out.
     
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