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Author Topic: Supreme Court Takes Major NRA Second Amendment Case from New York  (Read 444 times)

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Offline sbhaven

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Possible good news, SCOTUS is taking on the challenge NY's laws. The lawsuit is arguing; "New York’s statute violates the Second Amendment, the Constitution’s Commerce Clause, and the Fourteenth Amendment’s right to interstate travel". 

Central argument/question of the case: "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."

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Supreme Court Takes Major NRA Second Amendment Case from New York
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The Supreme Court on Tuesday granted review in the first Second Amendment case in almost a decade, a case supported by the National Rifle Association (NRA), and perhaps signaling what to expect from the new membership of the Supreme Court.

New York law forbids residents from owning any handguns without a permit, and that permit allows the holder to possess guns only in their home or en route to or from one of seven shooting ranges in the city. A gun owner cannot transport a firearm outside the home for any other purpose, even if it is unloaded and locked in a case in the trunk of a car.

The New York State Rifle & Pistol Association and several of its members sued in federal court, arguing that this statute is unconstitutional.

The Supreme Court held in District of Columbia v. Heller that the Second Amendment secures an individual right, but that 2008 case involved only a law-abiding citizen seeking to have a handgun in his privately owned home for self-defense.

The Court further held in McDonald v. Chicago that the Second Amendment right to bear arms is a fundamental right, and thus extends to state and local governments through the Fourteenth Amendment, but again that 2010 involved a law-abiding citizen seeking to keep a handgun in the home.

That is essentially all the Supreme Court has done with the Second Amendment thus far. The Court has repeatedly turned down petitions for review (called a petition for a writ of certiorari) in several major cases over the subsequent nine years. Some experts speculated that Justice Anthony Kennedy – who was the fifth and thus decisive vote in Heller and McDonald – was reluctant to take any additional steps on gun rights. Without his vote, neither side of the gun debate could move the needle in either direction.

Some legal strategists wondered if Justice Brett Kavanaugh – who has a judicial recording supporting gun rights – now sitting in Kennedy’s seat would break the paralysis over Second Amendment jurisprudence. It appears the answer might be “yes.”

Lead counsel in the case is former U.S. Solicitor General Paul Clement, who also was one of the lawyers who argued in both Heller and McDonald. Clement is one of the most accomplished Supreme Court advocates in American history, having argued over 90 cases before the justices.

Clement argues that New York’s statute violates the Second Amendment, the Constitution’s Commerce Clause, and the Fourteenth Amendment’s right to interstate travel.

The NRA is centrally involved in the case. The New York State Rifle & Pistol Association is the NRA’s official state affiliate in the Empire State.

This instantly becomes one of the most significant cases of the year at the Supreme Court. Oral arguments should be held in late April, with a decision by the end of June.

The case is New York State Rifle & Pistol Associaiton v. New York, No. 18-280 in the Supreme Court of the United States.
« Last Edit: January 22, 2019, 01:59:20 PM by sbhaven »


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Offline sbhaven

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Re: Supreme Court Takes Major NRA Second Amendment Case from New York
« Reply #1 on: January 22, 2019, 02:23:46 PM »
TTAG's article on it.
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Some gun rights supporters blew a gasket in November when the Court, with Kavanaugh in place, denied cert in Rothery, the California may issue case. But as attorney and friend of TTAG LKB pointed out, Rothery had a number of problems that made it a less-than ideal test case.

He saw another case on the horizon that is, in his estimation, an ideal candidate for Supreme Court review.

I believe that the day of reckoning for the anti-2A forces is coming. Roberts being Roberts (and I think he’s going to be the key vote given the current composition of the Court), he’s going to want a near-perfect test case before he’ll enforce/expand Heller. There are several in the pipeline that might do the job.

My prediction is that whatever case they take, Roberts writes a narrow opinion that declares that laws that impinge 2A rights are subject to strict scrutiny, and kicks the case back down for determination under that standard. (Thomas will write a blistering concurrence joined by 2-3 others saying that there’s no need to send it back, as there is no way the law in question survives strict scrutiny.) …

Roberts and likely Kavanaugh are going to want to wait for an ideal 2A test case. Best bet right now is New York State Rifle and Pistol Association v. City of New York, given that the NYC laws are so draconian as to amount to a blanket denial of 2A rights. We should have a decision on whether they will hear the case early next year.

Today, the court vindicated LKB’s prognostication powers, granting cert to New York State Rifle and Pistol Association v. City of New York, a case that challenges the city’s prohibition on transporting licensed, locked and unloaded handguns outside the city.

While ruling the law unconstitutional would seem to only overturn New York City’s law, LKB expects a narrowly crafted opinion that declares that any law that restricts Second Amendment rights would be subject to strict scrutiny, the highest possible threshold.

If that were to happen, it . . .

…would nuke just about all the Heller-agnostic Court of Appeals rulings out there (which typically hold that 2A challenges get only intermediate scrutiny or rational basis review), and make it very hard for district and circuit judges to continue to wink at Heller. When laws are subject to “strict scrutiny” constitutional analysis — for example, laws that impose prior restraints on free speech — almost never survive the challenge.

That would mean our friends living behind enemy lines in states like California, Washington, Hawaii, New York, New Jersey, Massachusetts, Connecticut and Maryland would have many of their constitutionally protected gun rights restored.
Potentially, a government is the most dangerous threat to man's rights: it holds a legal monopoly on the use of physical force against legally disarmed victims.
- Ayn Rand

Offline Supes3

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Re: Supreme Court Takes Major NRA Second Amendment Case from New York
« Reply #2 on: January 22, 2019, 02:37:01 PM »
Need RBG replaced first!   :soapbox:
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Re: Supreme Court Takes Major NRA Second Amendment Case from New York
« Reply #3 on: January 22, 2019, 02:46:56 PM »
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Need RBG replaced first!   :soapbox:

Yep!  Until then this is a throw of the dice with John Roberts.

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Re: Supreme Court Takes Major NRA Second Amendment Case from New York
« Reply #4 on: January 22, 2019, 03:27:32 PM »
Why oh why can all the gun rights groups not wait until Ginsburg is replaced  :facepalm:

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Re: Supreme Court Takes Major NRA Second Amendment Case from New York
« Reply #5 on: January 22, 2019, 03:40:32 PM »
Fake news, everyone knows the NRA does nothing for gun owners, especially in Blue states...
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But it will be like teaching a pig to sing, a waste of your time, and you'll only succeed in anoying the pig.

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Re: Supreme Court Takes Major NRA Second Amendment Case from New York
« Reply #6 on: January 23, 2019, 03:53:19 AM »
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Fake news, everyone knows the NRA does nothing for gun owners, especially in Blue states...

Roberts is a coin toss at best. I don't understand the logic in bringing cases until RBG is gone, seems an unwarranted gamble.
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Re: Supreme Court Takes Major NRA Second Amendment Case from New York
« Reply #7 on: January 23, 2019, 05:23:14 AM »
Agreed. I was just drunk and being facetious.
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But it will be like teaching a pig to sing, a waste of your time, and you'll only succeed in anoying the pig.

Offline sbhaven

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Re: Supreme Court Takes Major NRA Second Amendment Case from New York
« Reply #8 on: January 23, 2019, 06:51:01 AM »
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Roberts is a coin toss at best. I don't understand the logic in bringing cases until RBG is gone, seems an unwarranted gamble.
Generally Roberts is a coin flip. But speculation (see post above) seems to be that Roberts was looking for an ideal case to go forward with. One that is a slam dunk at overturning a clearly unconstitutional anti 2A law. By narrowly tailoring the NY challenge to the fact that one cannot take their gun outside of NYC and a few other narrow issues with NYC's anti gun laws is such a case.

Further speculation is, and I think personally it might be a reach, that Roberts will include "strict scrutiny" in the opinion to strike down NYC laws in a narrow ruling. If strict scrutiny is applied, that is HUGE. That opens the flood gates and puts 2A more inline with the 1st Amendment and make overturning many anti gun laws a realistic possibility in deep blue states like ours.
Potentially, a government is the most dangerous threat to man's rights: it holds a legal monopoly on the use of physical force against legally disarmed victims.
- Ayn Rand