Supreme Court Grants Cert to NY State Rifle & Pistol Assn. v. City of NY Gun Rights Case

[Rucker61]

Not argued until October



https://www.thetruthaboutguns.com/2...LbmxETyvQgoagPIwMLDi4qK9aLRbBVC-fScwHdwbfagK4
https://www.huffingtonpost.com/entry/scotus-gun-rights-nra_us_5c472d64e4b0a8dbe175453b

 

[TurtleDude]

Not argued until October



https://www.thetruthaboutguns.com/2...LbmxETyvQgoagPIwMLDi4qK9aLRbBVC-fScwHdwbfagK4
https://www.huffingtonpost.com/entry/scotus-gun-rights-nra_us_5c472d64e4b0a8dbe175453b

Paul Clement is one of the most brilliant attorneys I have ever met. He was top of his class at G-Town and first in his class at HLS. I believe he was in the class behind Obama. He was W's solicitor general and I met him when W and he spoke at a Federalist Society meeting in Cincinnati over a decade ago. I suspect if they are taking up a STATE law-chances are they will overturn this state law. Hopefully it is the first of many

https://fedsoc.org/contributors/george-bush

 

[Rucker61]

Paul Clement is one of the most brilliant attorneys I have ever met. He was top of his class at G-Town and first in his class at HLS. I believe he was in the class behind Obama. He was W's solicitor general and I met him when W and he spoke at a Federalist Society meeting in Cincinnati over a decade ago. I suspect if they are taking up a STATE law-chances are they will overturn this state law. Hopefully it is the first of many

https://fedsoc.org/contributors/george-bush

Well, if the ruling is that 2A rights must be regarded in strict scrutiny, that sets up many to fall I'd warrant.

 

[TurtleDude]

Well, if the ruling is that 2A rights must be regarded in strict scrutiny, that sets up many to fall I'd warrant.

true-if Second amendment challenges to state laws based on the 14th Amendment incorporation via McDonald v Chicago are evaluated as are other bill of rights attacks upon freedom-hating state laws, then most of the idiocy Democrats have passed in the last 30 years will be 86'd

 

[Xelor]

From the HuffPo article:

....New York City’s prohibition on carrying a licensed, locked and unloaded handgun outside the city limits.

From the Truth About Guns article:

...a case that challenges the city’s prohibition on transporting licensed, locked and unloaded handguns outside the city.

How do NYC's legislators/mayors come to think they can pass laws about anything that occurs outside the city's limits? Seems as though NYC doesn't have jurisdiction outside NYC's border.

 

[Lutherf]

From the HuffPo article:


From the Truth About Guns article:


How do NYC's legislators/mayors come to think they can pass laws about anything that occurs outside the city's limits? Seems as though NYC doesn't have jurisdiction outside NYC's border.

My understanding is that NYPD used to issue special use permits so that residents of the city could carry firearms (locked up, unloaded, etc) to and from shooting ranges in the city as well as outside the city. It seems that someone at the NYPD got word that permit holders weren't following the "locked and unloaded" part at all times so they stopped issuing the special use permits. The result of that decision is that someone living in NYC can no longer legally carry their firearm anywhere but to and from specific ranges in the city.

 

[Xelor]

My understanding is that NYPD used to issue special use permits so that residents of the city could carry firearms (locked up, unloaded, etc) to and from shooting ranges in the city as well as outside the city. It seems that someone at the NYPD got word that permit holders weren't following the "locked and unloaded" part at all times so they stopped issuing the special use permits. The result of that decision is that someone living in NYC can no longer legally carry their firearm anywhere but to and from specific ranges in the city.

So the matter is that NYC has adopted a "thou shalt not leave NYC with thy firearms" rule. How bizarre.

 

[DebateChallenge]

Would that be this?
https://www.youtube.com/watch?v=HNYnSqWEtQ8

 

[Lutherf]

Would that be this?
https://www.youtube.com/watch?v=HNYnSqWEtQ8

yes

...

 

[Wayne Jr]

So the matter is that NYC has adopted a "thou shalt not leave NYC with thy firearms" rule. How bizarre.

It's so they can charge you outrageous fees at one of the approved ranges. If you can't leave the city with the gun, then other ranges can't compete for your business.

 

[Lutherf]

Here's another story which is at least tangentially related to this story - https://www.nydailynews.com/new-york/ny-metro-nypd-license-division-dirt-20190123-story.html?fbclid=IwAR1Q2HD6T2pop8uFRQeETdWPyiRENv95l5xOCg08Ip15ZMQEFibnS8FmB60

It shouldn't surprise anyone that the licensing division gave special privileges to special people but it's nice to see it in writing.

 

[ludin]

true-if Second amendment challenges to state laws based on the 14th Amendment incorporation via McDonald v Chicago are evaluated as are other bill of rights attacks upon freedom-hating state laws, then most of the idiocy Democrats have passed in the last 30 years will be 86'd

what people need to challenge is the fact that if you are a legal gun owner in another state and are transporting your firearm with you through NY and for whatever reason (delay, weather, mechanical) if you have
to get your bags and stay the night and then try and board the plane the next day even if you check your gun as FAA regulations at the front desk they will arrest you because you do not have a permit.

The issue is that you can only get a permit if you are a NY resident.

it is completely stupid and frankly unconstitutional.

 

[Wayne Jr]

It is completely stupid and frankly unconstitutional.

And notice how there's no armed resistance over it? NY is one of many proofs that there will never be a revolt over gun control.

 

[Bum]

I think it goes without saying that New York did not want this going before the SCOTUS.

 

[maxparrish]

Paul Clement is one of the most brilliant attorneys I have ever met. He was top of his class at G-Town and first in his class at HLS. I believe he was in the class behind Obama. He was W's solicitor general and I met him when W and he spoke at a Federalist Society meeting in Cincinnati over a decade ago. I suspect if they are taking up a STATE law-chances are they will overturn this state law. Hopefully it is the first of many

https://fedsoc.org/contributors/george-bush

I'm envious. I became aware of Paul Clement during the challenges to the Obamacare mandate. I read the transcripts of the orals and was blown away at how sharp he was. How sharp? Scotusblog, written by a liberal legal blogger who supported Obamacare, was so impressed with Clement that he said that Clement made the greatest and most persuasive oral argument he knows of in SCOTUS history.

Sadly, and what has made me a total cynic regarding judges and our legal system, even the strongest argument ever made can't overcome a Justice (Roberts) determined to ignore it so as to satisfy his politics - the Supreme Court is Kabuki theater, scripted ritual down to the pre-determined vote.

 

[Rucker61]

And notice how there's no armed resistance over it? NY is one of many proofs that there will never be a revolt over gun control.

There are certainly people taking their guns in and out of New York City. Resistance comes in different forms.

 

[Wayne Jr]

There are certainly people taking their guns in and out of New York City. Resistance comes in different forms.

And that's what you call 'armed resistance'?

I was thinking of resistance where shots are accurately placed on LEO targets and casualties resulted.

 

[Rucker61]

And that's what you call 'armed resistance'?

I was thinking of resistance where shots are accurately placed on LEO targets and casualties resulted.

That's certainly one method. It's an ineffective law, and I'd warrant both violent criminals and otherwise law abiding gun owning citizens of NYC who wish to take their lawfully owned firearms out of the city and return with them simply do so without the permission or knowledge of the city officials. Another form of resistance is to challenge such a law in court, like what is happening now.

To assume that because there's no "armed resistance" in NYC for this law means that there would be armed resistance to stricter, less avoidable laws is simply a game in your mind.

 

[TurtleDude]

I'm envious. I became aware of Paul Clement during the challenges to the Obamacare mandate. I read the transcripts of the orals and was blown away at how sharp he was. How sharp? Scotusblog, written by a liberal legal blogger who supported Obamacare, was so impressed with Clement that he said that Clement made the greatest and most persuasive oral argument he knows of in SCOTUS history.

Sadly, and what has made me a total cynic regarding judges and our legal system, even the strongest argument ever made can't overcome a Justice (Roberts) determined to ignore it so as to satisfy his politics - the Supreme Court is Kabuki theater, scripted ritual down to the pre-determined vote.

two former USSC clerks I know said Roberts is enamored with being seen as "Solomon" by the legal writers and his "it's a tax" nonsense was designed to win the adulation of the left wing legal academics without agreeing with the idiotic Commerce Clause expansionist arguments like those advanced by Breyer et al.

 

[Into the Night]

And notice how there's no armed resistance over it? NY is one of many proofs that there will never be a revolt over gun control.

There already IS a revolt over gun control. People simply ignore these laws or challenge them in court. Oh...and occasionally, it HAS turned into armed resistance.

 

[Into the Night]

And that's what you call 'armed resistance'?

I was thinking of resistance where shots are accurately placed on LEO targets and casualties resulted.

Divisional error fallacy. Resistance takes many forms.

 

[Patriotic Scout]

As an Eagle Scout, law abiding citizen, and father to be I never in my life expected to be staring down the barrel of a police officers firearm during a simple traffic stop. For they called "failure to use signal" but in reality was just because I was a white male in a 2015 cherry red challenger in a black neighborhood. At least that's what my lawyer is telling me. NYC seems to be one of the most anti gun and corrupted interests places I have ever been. I never would have dreamed I'd be facing felony charges for my LEGALLY purchased firearm then told I need to play the white boy in the hood card by a LEGAL AID. NY apparently doesn't believe in equal rights between races, and dang sure does not care about their laws being unconstitutional and infringing on hard working blue collar Americans. I hope to see these laws they have implemented ruled unconstitutional and all the corrupt politicians in place are fire and jailed. I was told, "We don't give a f*** about journey laws cowboy, you cross our state line and we are going to eat you country boys for breakfast." and then was locked in cell once more without food or water.

Sorry for the rant. Sometimes you just gotta let it all out you know.

 

[TurtleDude]

As an Eagle Scout, law abiding citizen, and father to be I never in my life expected to be staring down the barrel of a police officers firearm during a simple traffic stop. For they called "failure to use signal" but in reality was just because I was a white male in a 2015 cherry red challenger in a black neighborhood. At least that's what my lawyer is telling me. NYC seems to be one of the most anti gun and corrupted interests places I have ever been. I never would have dreamed I'd be facing felony charges for my LEGALLY purchased firearm then told I need to play the white boy in the hood card by a LEGAL AID. NY apparently doesn't believe in equal rights between races, and dang sure does not care about their laws being unconstitutional and infringing on hard working blue collar Americans. I hope to see these laws they have implemented ruled unconstitutional and all the corrupt politicians in place are fire and jailed. I was told, "We don't give a f*** about journey laws cowboy, you cross our state line and we are going to eat you country boys for breakfast." and then was locked in cell once more without food or water.

Sorry for the rant. Sometimes you just gotta let it all out you know.

I'd like to hear more facts about this arrest

 

[Patriotic Scout]

I'd like to hear more facts about this arrest

Well I was pulled over, for failure to use a signal, which is false, I knew I had the gun and knew the cop across the street was watching. I pulled over when he lit me up. Another car pulled and blocked me in. They came to the car guns drawn. Pulled me out. Searched it and found the gun. I am being charged with 3 felony gun charges. They said upon approach to vehicle they seen a box with the words Tarus Making Better Guns in the passenger floor board. But body cam and dash cam will show they searched the driver Side, passenger then trunk before ultimately returning to the passenger side and finding it under the passenger seat. They ALSO reached inside my car and unlocked the door before I could even ask what I was stopped for. It was a total mess man.

 

[TurtleDude]

Well I was pulled over, for failure to use a signal, which is false, I knew I had the gun and knew the cop across the street was watching. I pulled over when he lit me up. Another car pulled and blocked me in. They came to the car guns drawn. Pulled me out. Searched it and found the gun. I am being charged with 3 felony gun charges. They said upon approach to vehicle they seen a box with the words Tarus Making Better Guns in the passenger floor board. But body cam and dash cam will show they searched the driver Side, passenger then trunk before ultimately returning to the passenger side and finding it under the passenger seat. They ALSO reached inside my car and unlocked the door before I could even ask what I was stopped for. It was a total mess man.

what state are you a resident of?