!! SCOTUS grants cert on NYC 2A infringement case!!

[TBacker]

Is the Supreme Court finally about to hear a 2A case?

BREAKING: Supreme Court Grants Cert to NY State Rifle & Pistol Assn. v. City of NY - The Truth About Guns

 

[Bob]

Here's a link to the case page on SCOTUSBlog:
New York State Rifle & Pistol Association Inc. v. City of New York, New York - SCOTUSblog

 

[nortatoga]

I've been saying this every time someone bitches about the SCOTUS not taking a 2A case!

*Speculation by Court watchers was that, because of the unpredictability of former Justice Anthony Kennedy, the pro-2A justices would rather let those Heller-defying lower court rulings stand than risk Kennedy siding with the left-leaning Justices and issuing an adverse gun rights decision.*

 

[MilesTeg]

It's not really much of a case. I mean transporting a legal firearm unloaded through the city. I mean that's just ridiculous, but anyways I hope it works out well for us.

 

[nortatoga]

I still don't think Roberts is necessarily reliable. Would prefer to have a pro-constitutional replacement for RBG first. But the author of article I posted seems to think Roberts would rule correctly if given cover by the narrowness of the case.

I agree! Have also been saying that.

 

[Celt]

This sounds good to me.


"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. "

 

[ArmedCorgi]

This sounds good to me.


"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. "

Some one is going to have to file a lawsuit against the safe act again.

 

[Blimey]

It's not really much of a case. I mean transporting a legal firearm unloaded through the city. I mean that's just ridiculous, but anyways I hope it works out well for us.

I can see some repercussions. What it seems to mean to me is that the restricted premises-only permits in the state are on dubious backing (even if they are extra-legal as it is).

Now I'd then say okay the state will just stop giving permits, but it can't. Heller/mcdonald have already ruled that the state has to allow handguns, so if SCOTUS rules in favor of this, what's the only thing the state could do then, simply ban shooting ranges? More likely it would start coming up with silly definitions of what "travel to a range" constitutes.

This is an interesting case, but once they adjudicate it, we can probably assume it will be several more years before another. That is unless more places get in the weapon bans they want.

 

[C3D]

I am staying with my original prediction. SCOTUS will decide the case on commerce clause grounds and duck the Second Amendment issues.

 

[STS556]

I wonder if this will cover rifles as well. For example, you want take a NY compliant AR with 10 round magazines to a range in Long Island and you are coming from Westchester County. You have no choice but to drive through part of NYC where the mag limit is 5 rounds.

 

[DaveM4P99]

This is what I posted on ar15.com in GD...


OK so I know NYC's bullshit gun laws almost perfectly. Unfortunately.

This is MUCH bigger than most people think...here is why...

In NY (state and city), if you have a pistol permit, it is actually a CARRY PERMIT. Even if the county restricts it to only "allowing" target shooting/hunting...it is still legally a CARRY PERMIT. They can NOT arrest you for carrying a loaded handgun if you have a pistol permit in NY.

BUT, NYC didn't want to have any part of that...so what they do is, they issue the ONLY other kind if pistol permit in NYS law...it is called a PREMISE ONLY permit. Legally, it ONLY allows one to possess the pistol at the address listed on the permit. No target shooting, no hunting, no gun shop repair. Nothing. Nada.
But NYC figures it will only issue people this bullshit PREMISE only permit, and ILLEGALLY (against NY law), "allow" people to target shoot and hunt. NYC even got a liberal activist judge to go along with this saying it was OK. When it is not.

The reason NYC does NOT allow people to transport their PREMISE PERMIT ONLY handguns out of NYC is actually valid, because technically, a NYS trooper or town cop COULD arrest them for possessing a handgun outside of the address on their PREMISE ONLY permit. But if you stay in NYC to target shoot, no NYPD officer would arrest you. But a NYS trooper that is visiting NYC could still arrest you in NYC believe it or not!

So...what does this mean? If SCOTUS says this practice is bullshit, NYC will HAVE to once again start issuing TARGET/HUNTING pistol permits, which again, are legally FULL CARRY permits.

 

[Criticalt]

Its amazing to me that none of the gun laws in NYS are meant to stop crimes commited with guns.
Do the gangbangers from NYC, Albany, Buffalo.....have even the slightest understanding of these laws?
Ummmmmmm, no, they dont care.

100% of these laws are meant to restrict law abiding outdoorsmen, sportsmen and self protection enthusiasts from owning guns.

 

[Mosinitis]

"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."

Assuming NYSRPA wins, it's nothing to write home about. Bullshit case to throw us a stale carrot.
There are dozens of idiotic NYPD firearms control unit regulations. This is just a drop in the bucket and it's not even a part of SAFE act.

 

[Airborneguy]

There are lots of ways that Thomas can write his decision (mark my words it will be him) to broaden the scope of this ruling.

This is great, great news. Naysayers are just trying to justify their past statements as fact.

 

[MilesTeg]

There are lots of ways that Thomas can write his decision (mark my words it will be him) to broaden the scope of this ruling.

This is great, great news. Naysayers are just trying to justify their past statements as fact.

I really hope that you are right!

 

[SomeSoldier]

I am not going to get my hopes up. But I do wish all the best for this case. I will visit this again once the judges have ruled. It's the only way to keep my sanity.

 

[Blimey]

I would think it would apply to "firearms in common use", of which an AR or AK would be included.

Courts don't seem to think that the "common use" definition includes the AR even if it's the most popular rifle in the country. I cannot imagine this case expanding out to include the AR.

 

[Cooolone]

This sounds good to me.


"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. "

Agree 100%!!!

I've always said that the "SCRUTINY" was the root of the tree, by which they who wish to erode "Rights", grow from... Strict scrutiny should be applied to all rights, or they aren't Rights at all. Period! Apply strict scrutiny and all other arguments fall by the wayside. Localities too, like NYC!

I'm hopeful, but not getting excited over anything. Not yet...

 

[kev74]

I could see this chipping away at New York's permit to possess requirement, as well as premises permits as stated above.

 

[ArmedCorgi]

Agree 100%!!!

I've always said that the "SCRUTINY" was the root of the tree, by which they who wish to erode "Rights", grow from... Strict scrutiny should be applied to all rights, or they aren't Rights at all. Period! Apply strict scrutiny and all other arguments fall by the wayside. Localities too, like NYC!

I'm hopeful, but not getting excited over anything. Not yet...

I never understood the whole levels of scrutiny thing. How can a right mean less in one instance and more in another?

 

[turbobike]

I’m still trying to find any lawsuits from the original Sullivan Act from 1911...nothing has made it to SOTUS in 108 years??...

 

[Mosinitis]

There is an endless array of idiotic firearm regulations NYPD can come up with and if stricken by the courts, we call it a victory? There is nothing we gain when looking at the entire picture. When did they put in this regulation? NYC pistol permit holders were able to take their handguns outside city limits for hunting and target practice. There were better times for gun ownership in NYC and NYS before all these "victories" (Heller, McDonald).

 

[Onegunnotenough]

All that I know is I can't wait to see how this turns out. I have been waiting for this since they took my target permit and gave me my fake premise permit, which doesn't allow you to take pistol out of the house. Only nyc license division verbally says it's ok to take only to a range in 5 boroughs. If the justices take the case on its merits,we can't loose. No other state does this...New Yorkistan is they only one..

 

[Blimey]

All that I know is I can't wait to see how this turns out. I have been waiting for this since they took my target permit and gave me my fake premise permit, which doesn't allow you to take pistol out of the house. Only nyc license division verbally says it's ok to take only to a range in 5 boroughs. If the justices take the case on its merits,we can't loose. No other state does this...New Yorkistan is they only one..

I've said as recently as a week or two ago that the constitution doesn't apply to NYC.

I agree if they are doing their job it should be shut down. NYC needs to realize it is in fact part of the US and the constitution does in fact apply.

 

[Shadow2]

Lame case to take IMO ... what would be amazing is SCOTUS shoots down restrictions all together, Now that would be the shit.

 

[prambo]

I've said as recently as a week or two ago that the constitution doesn't apply to NYC.

I agree if they are doing their job it should be shut down. NYC needs to realize it is in fact part of the US and the constitution does in fact apply.

It would be easier and a hell of a lot more satisfying to toss NYC out of NYS and the USA, cut off their electricity and water supplies and demand up front payments for re-connection in the billions of $$$$, with yearly fees that border on astronomic. Starve the beast.

It's a pipe dream I know, but I loath NYC, and yes I did live there once, many moons ago.

 

[Mosinitis]

I predict NYSRPA will win this. Just like in Heller and McDonald, this is a local ordinance, it's not a state or federal law. If this is just the first step, that's great If this is just to show they did something, it's a drop in the bucket that doesn't compensate for the flood of gun laws passed since Heller/McDonald. Gaining by an inch and losing by the foot is not winning.

 

[Onegunnotenough]

Maybe for the next city lawsuit they will sue over why we can't buy any pistol we want regardless of color. Can't buy a camo pistol, can't buy a green pistol,etc. Has to be black or traditional stainless.. You can't make this shit up. That's not infringement? What a joke

 

[Karpteach]

Hopefully this will end all restrictions on carry permits.

 

[Airborneguy]

That Slate article is fantastic because it shows their fear without total sensationalism. It lays out a very possible scenario.

Scotus doesn’t take cases for no reason. While they certainly could rule narrowly, Thomas has been itching to extend the 2nd Amendment outside the home where it belongs. This is his chance and he won’t give it up this time.

Worst scenario now? Ginsberg retires and we see this case decided with an 8 person court before the next confirmation.