NYC CCW case is at SCOTUS!

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  • Decoy

    Ultimate Member
    MDS Supporter
    Mar 2, 2007
    4,929
    Dystopia
    I think we're getting ahead of ourselves...we don't have a ruling and don't know what the ruling will be. We're hopeful and most prognosticators are predicting a win for us...but we expected a win on healthcare as well and had the rug pulled out from under us.

    Let's be hopeful but not set ourselves up for disappointment...either mild or extreme.

    I have the same fears, I don't trust Roberts at all.
     

    Slackdaddy

    My pronouns: Iva/Bigun
    Jan 1, 2019
    5,974
    To put things in perspective,,, During the 2020 election "crisis"
    When a few states CLEARLY broke the law with various state administrators changing election laws/rules,, when it is very clear that ONLY the state legislators can change the law.

    Where was the SCOTUS?? hiding in a locked room and worried about riots.
    These justices are like any other washington swamp rat,, their main concern is making sure that they are invited to this weekends elite's ball or what ever event/function is going on.

    Now eat your cake and be happy!
     

    Texasgrillchef

    Active Member
    Oct 29, 2021
    740
    Dallas, texas
    MSP won't go to the bathroom without a permission slip from the Commander, countersigned by the AG.

    I have the same fears, I don't trust Roberts at all.
    We don’t need Roberts vote for a win. As long as we have the other 5.

    Since Thomas is writing the opinion… we may only have 5 for the Majority.

    But as I am sure you know all to well. We can have justices concur in part, and dissent in part as well.

    Like I have said before I think the opinion will cover three areas. Roberts will concur in part and dissent in part. But it won’t matter as long as we have 5 who concur in whole.

    Lets also keep in mind two other things as well. As strongly as Alito feels about Abortion, Thomas feels about 2A. Thomas’s opinion will be written just as strongly as Alito’s opinion on the Abortion issue of the Dobbs case as seen in the leek. Thomas has written quite a few dissents on many 2A cases in the last 10 years since both McDonald and Heller. They were quite strong and to the point dissents as well.

    The big Trick Thomas will hopefully do that Scalia did NOT do, is leave things ambiguous or open ended as rebuttal, or that could be misunderstood like what Scalia wrote. However keep in mind as well that Thomas is much more strongly a supporter of 2A rights then Scalia ever was.

    IMHO though, Thomas is pretty good about not leaving things ambiguous. I don’t believe he has any desire to leave things ambiguous either or leave his opinion open with loop holes for those anti2A people to poke holes in. I believe that is one area he has not been to happy with in the Heller opinion. I think he wishes to close those loop holes once and for all.

    What concerns me most is what he said about “sensitive places“ and his questions around sensitive places that one could ban firearms that has me the most concerned.

    States are allready jumping on the band wagon and starting to write bills banning guns in many places that they want to consider as a sensitive place.

    What good will having a permit to carry be, if a state or city bans carry of firearms everywhere because it’s a sensitive place? Leaving you to only carry in your car while your driving?
     

    whistlersmother

    Peace through strength
    Jan 29, 2013
    8,977
    Fulton, MD
    I thought protesting at judge's house was illegal?

    Where's the USSS? Where's DHS? Where's FBI? Where's MoCo?

    Oh.... those are all (D) commanded.

    I wonder what the reaction would be to open carrying an AR15 down the public sidewalk?

    And what would the reaction be for a protest outside Kagan's or Breyer's house?

    Yea. Hypocrisy, thy name is Democrat.
     

    Texasgrillchef

    Active Member
    Oct 29, 2021
    740
    Dallas, texas
    I thought protesting at judge's house was illegal?

    Where's the USSS? Where's DHS? Where's FBI? Where's MoCo?

    Oh.... those are all (D) commanded.

    I wonder what the reaction would be to open carrying an AR15 down the public sidewalk?

    And what would the reaction be for a protest outside Kagan's or Breyer's house?

    Yea. Hypocrisy, thy name is Democrat.

    If she was home, she could file a complaint. Sadly she isn’t home to do so, and they are to stupid to know that she isn’t there, but at her home in Washington D.C.

    The only people they are disturbing is the neighbors. If I was a mei or I would file a disturbing the peace complaint.
     

    AKbythebay

    Ultimate Member
    What concerns me most is what he said about “sensitive places“ and his questions around sensitive places that one could ban firearms that has me the most concerned.

    States are allready jumping on the band wagon and starting to write bills banning guns in many places that they want to consider as a sensitive place.

    What good will having a permit to carry be, if a state or city bans carry of firearms everywhere because it’s a sensitive place? Leaving you to only carry in your car while your driving?

    Agree completely. The new laws will deem virtually everywhere a "sensitive place" and wonderful states like Maryland will be happy to tie up lawsuits for years over it.

    I can picture MD saying any place where more than xx people gather will be considered a sensitive place. Malls, movie theaters, sport events of all shapes and sizes, festivals, places like the boardwalk on OC, the inner harbor in Baltimore, and on and on. Basically all the places where you most need to be prepared if something happens.

    Sent from my Galaxy S20 using Tapatalk
     

    delaware_export

    Ultimate Member
    Apr 10, 2018
    3,246
    Delaware had the fight with dnrec trying to limit all state parks several years back. Thankfully DE-Supreme Court tossed that. But it does prove that THEY will try the “every place is special” argument. Especially in the usual culprit states.
     

    Bertfish

    Throw bread on me
    Mar 13, 2013
    17,696
    White Marsh, MD
    Delaware had the fight with dnrec trying to limit all state parks several years back. Thankfully DE-Supreme Court tossed that. But it does prove that THEY will try the “every place is special” argument. Especially in the usual culprit states.
    Remember back when the Maryland law was tossed by the district Court? 2012ish time frame. There was an unrelated special session while that case was being appealed (mightve been to pass a budget, don't recall). Some no name D senator filed a second bill that session to "start a conversation about the potential for the carry law to change". It was just a long list of places where they wanted carry banned. Churches, movie theaters, all kinds of stupid studd.
     

    Occam

    Not Even ONE Indictment
    MDS Supporter
    Feb 24, 2018
    20,441
    Montgomery County
    Thank you. Is it possible to have the award ceremony the day following the release of Bruen, please? :):)
    As a PLOGPRCT recipient, we will work with your schedule. You’d think The Court would realize how important this award is and adjust their timing for your summer plans.
     

    ddestruel

    Member
    Jun 23, 2015
    90
    Remember back when the Maryland law was tossed by the district Court? 2012ish time frame. There was an unrelated special session while that case was being appealed (mightve been to pass a budget, don't recall). Some no name D senator filed a second bill that session to "start a conversation about the potential for the carry law to change". It was just a long list of places where they wanted carry banned. Churches, movie theaters, all kinds of stupid studd.

    I would suspect that litigation will be necessary to define sensitive places. But it sure would be nice if a comment clarifying that sensitive places are defined by hardening, security staff and or secure perimeters where some of the legal liability is placed financially upon the entity claiming that its facility is secure/sensitive place.

    For example An open park is not secure. That same park used for an event like a community fireworks show with secure fencing erected, some sort of screened entrance, police and security staff in place would possibly meet that bar of a sensitive or secure place

    If the city wants to claim that park is a sensitive place but yet they don’t staff and fence it yet require you disarm or they disqualify your permit in that area should open them up to some liability
     

    Texasgrillchef

    Active Member
    Oct 29, 2021
    740
    Dallas, texas
    I would suspect that litigation will be necessary to define sensitive places. But it sure would be nice if a comment clarifying that sensitive places are defined by hardening, security staff and or secure perimeters where some of the legal liability is placed financially upon the entity claiming that its facility is secure/sensitive place.

    For example An open park is not secure. That same park used for an event like a community fireworks show with secure fencing erected, some sort of screened entrance, police and security staff in place would possibly meet that bar of a sensitive or secure place

    If the city wants to claim that park is a sensitive place but yet they don’t staff and fence it yet require you disarm or they disqualify your permit in that area should open them up to some liability

    That was hinted at during oral arguments, I believe by Barrett. I could be wrong.

    I am hoping Thomas writes the opinion with finite remarks that doesn’t leave room for ambiguity.

    If he did say something about Sensitive places only being limited to those places that have restricted access, such as schools, paid events at stadiums, etc… those with armed security, etc… might help keep places like parks out of the sensitive places category. Again we will have to see how the opinion is written.

    Many of the bills have yet to be filed, because they are waiting on the opinion. However some bills have already been filed. Heck NY already passed more restrictive bills when many know there is a good chance that current cases pending at SCOTUS May well end up finding them unconstitutional before they even go into effect.

    Even washington state has banned high capacity magazines, even though ANJRPC was on hold at the time, and now Duncan is on hold as well. Both pending NYSPRA.

    IMHO.. There would be no reason to hold, then deny cert on those cases pending NYSPRA. why hold Them, if they weren’t going to grant, reverse, and remand.
     

    FrankZ

    Liberty = Responsibility
    MDS Supporter
    Oct 25, 2012
    3,367
    I've not made a prediction on this one but I suppose, for fun, I could.

    Thomas makes this the Roe v Wade of gun rights, strikes down all state gun laws as the second amendment reserves gun laws to the federal government, points out the fed can't infringe and whamo-blamo everything back to the NFA is wiped in one quick stroke.

    What's for breakfast, I think I just woke up.:clap:
     

    lazarus

    Ultimate Member
    Jun 23, 2015
    13,745
    I would suspect that litigation will be necessary to define sensitive places. But it sure would be nice if a comment clarifying that sensitive places are defined by hardening, security staff and or secure perimeters where some of the legal liability is placed financially upon the entity claiming that its facility is secure/sensitive place.

    For example An open park is not secure. That same park used for an event like a community fireworks show with secure fencing erected, some sort of screened entrance, police and security staff in place would possibly meet that bar of a sensitive or secure place

    If the city wants to claim that park is a sensitive place but yet they don’t staff and fence it yet require you disarm or they disqualify your permit in that area should open them up to some liability
    Agreed. Then again, you could argue a subway is also a sensitive place by that definition. Which would hinder the ability for a vast number of people to legally carry anywhere.

    Probably add something like controls in place to ensure no individuals are carrying a firearm (a sign is not sufficient). For example, bag and metal detector checks. So things like air ports, courts, prisons, controlled access government buildings are covered. As would large events where they do actual security screening and fencing. But things like subways would not be able to be included.

    A sensitive place should be required to have some kind of security, controlled access and actual screening to enter.
     

    HaveBlue

    HaveBlue
    Dec 4, 2014
    733
    Virginia
    I checked the SCOTUS calendar. 6/6 is the ONLY Opinion Issuance Day scheduled in June. The calendar shows 6/20 as a court Holiday. THEIR July calendar appears empty.

    I looked at April and May. All opinion dates matched the OID days on their calendar.

    Does this mean that tomorrow is the day?
     

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