[moe mensale]

NPR - Supreme Court Takes 1st Gun Case In Nearly A Decade, Possibly With Big Consequences

https://www.npr.org/2019/01/22/6874...hare&utm_source=twitter.com&utm_medium=social

New York [City] bans transporting permitted handguns outside city lines, even if the gun is not loaded and is locked in a container. The guns currently can only be taken to the handful of shooting ranges within city limits.

This is about legally registered guns in NYC. Your guns are consigned to the NYC limits. How is this any different than NYC claiming any legally owned vehicles registered in NYC can never go outside the city limits? Sounds like a "Berlin Wall" for guns.

 

[moe mensale]

This may well be a very important case for all gun owners. The original petitioners are the New York State Rifle & Pistol Association (NRA) and three individuals. Amicus curiae briefs have been filed by:

Gun Owners of America, Gun Owners Foundation, The Heller Foundation, Conservative Legal Defense and Education Fund, Downsize DC Foundation, DownsizeDC.org, Restoring Liberty Action Committee.

The states of LA, AL, AZ, AR, GA, ID, KA, KY, MI, MS, MT, OK, SC, TX, UT, WV, WI.

Western States Sheriffs Association, International Association of Law Enforcement Firearms Instructors, Law Enforcement Legal Defense Fund, Law Enforcement Action Network, Law Enforcement Alliance of America, International Law Enforcement Educators and Trainers.

 

[moe mensale]

https://www.nydailynews.com/opinion...wn-new-york-citys-gun-law-20190123-story.html

I predict that the court's conservative majority will use this case to expand gun rights.

There will be no expansion of gun rights. Our gun rights are fully explained in the 2nd Amendment. What there will be is a reduction of government infringements against those rights.

 

[moe mensale]

YO Moe, start honing up a good blade.

Nemo

I have a few sharp blades but that's not my bag. Maybe Rabbi Tuckman is available.

 

[moe mensale]

https://www.newyorker.com/magazine/2019/02/04/will-the-supreme-court-use-a-new-york-city-regulation-to-strike-down-gun-laws

I find it amazing - and very scary - when these "journalists" view our enumerated rights as radical while the courts make new rights out of whole cloth.

To begin with, this will be the first time the Court seriously considers the Second Amendment since it adopted a radical view of gun rights in District of Columbia v. Heller, in 2008, which overturned a near-ban on handguns in Washington, D.C., and in McDonald v. the City of Chicago, in 2010, which did away with similar restrictions in that city.

 

[moe mensale]

All of these questions underlie the court's consideration of the New York law. Interestingly, although the case had been on earlier conference lists and could have been taken for this term, the court waited until after the docket for this year was full, and it appears that the case will not be argued until October.

Which could mean a different court makeup by then.

 

[moe mensale]

If judges want to make law maybe they should get themselves elected to that other branch of government. Some legislators have managed to turn it into a nearly life time position like a judge's.

 

[moe mensale]

https://www.nydailynews.com/opinion...0190328-hvews767xvcxdadgvvatur64je-story.html

The addition of pro-gun Justice Brett Kavanaugh to the court's conservative wing creates the potential for another arbitrary expansion of the scope of the Second Amendment.

Unlike the arbitrary expansion of the Constitution and other amendments to discover new "rights" made out of whole cloth? The irony is thick.

 

[moe mensale]

SAF, CCRKBA, Jews for the Preservation of Firearms Ownership, the Independence Institute, Millennial Policy Center and Professors of Second Amendment Law have filed amicus brief requesting application of strict scrutiny.

https://www.ammoland.com/2019/05/saf-ccrkba-jpfo-file-joint-amicus-brief-challenge-nys-gun-law/

In their brief, prepared by attorneys Joseph Greenlee with the Millennial Policy Center and David Kopel from the Independence Institute, the amici organizations contend that strict scrutiny should apply to this case, which amounts to a ban on self-defense for law-abiding citizens. They also contend that the city's ban on most travel by citizens with their own handguns is a severe burden on the exercise of their rights.

In their brief, Kopel and Greenlee remind the high court that, despite the court's declaration that the Second Amendment is not a second-class right "to be singled out for special-and specially unfavorable-treatment," several lower courts "have boldly admitted doing so." The New York case affords an opportunity to the Supreme Court to correct that.

 

[moe mensale]

One large, notable firearms organization appears to be absent from requesting the
application of strict scrutiny.
:shakehead:

They're busy with some money things and personnel issues right now. :mrgreen:

 

[moe mensale]

Another amicus brief filed by Firearms Policy Coalition (FPC), Firearms Policy Foundation (FPF) and The Calguns Foundation with a different approach on the level of scrutiny applied.

https://www.ammoland.com/2019/05/u-s-supreme-court-must-strike-down-new-york-city-gun-control-rule/

The organizations also argue that so-called "tiers" of scrutiny used by courts are a "wholly judicial invention" that "should be viewed with skepticism when applied to conduct directly protected by the constitutional text." Rather, they say, the "proper approach . . . would be to examine the text of the Second Amendment in light of the history, tradition and public meaning," and "if the regulated conduct falls within the protection of such text, the regulation should be struck down" without need for further analysis.

 

[moe mensale]

This is hilarious, Everytown lobbying, pulling out all the stops, and successfully so. It must have felt weird to be a legislator, approached by the gun control lobby, asking you to right-now loosen up these two aspects of NY gun control law.

Maybe that should be our new strategy. 2 down. 19,998 to go. :woohoo:

 

[moe mensale]

Tic-Toc, NYC.

Perhaps more than just NYC?

 

[moe mensale]

NYSRPA v NYC (18-280): Response to respondents' suggestion of mootness.
(link: http://www.supremecourt.gov/DocketPDF/18/18-280/110978/20190801121009552_18-280%20NYSRPA%20suggestion%20of%20mootness%20opposition.pdf) supremecourt.gov/DocketPDF/18/1…

Summary - NYC is pissing on your back and hoping you'll think it's raining.

 

[moe mensale]

Nice court you got there. Be a shame if something happens to it.

https://dailycaller.com/2019/08/12/whitehouse-guns-supreme-court/

"The Supreme Court is not well. And the people know it. Perhaps the Court can heal itself before the public demands it be 'restructured in order to reduce the influence of politics,'" Whitehouse wrote, alluding to court-packing measures that have gained traction in progressive circles.

Well, that was a pretty overt not-so-veiled threat. Succumb to the mob demands or suffer the consequences. The run up to the 2020 elections is getting spicier every day. The socialists need to find a Robespierre and a Madame Defarge and they'll be set.

 

[moe mensale]

Argument scheduled for December 2.

https://www.ammoland.com/2019/09/u-...nd-amendment-case-for-argument/#axzz60Bu244qe

Now, it seems, their reckoning may be nigh, as the high court has scheduled the case for argument on Dec. 2.

 

[moe mensale]

We have a Supreme Court case

NYSRPA v NYC (18-280): The Respondents' Suggestion of Mootness is denied. The question of mootness will be subject to further consideration at oral argument, and the parties should be prepared to discuss it. #SCOTUS https://supremecourt.gov/orders/courtorders/100719zor_m648.pdf

It's at the bottom of page 10. Yay! :woohoo:

 

[moe mensale]

…other information [that] demonstrates…a lack of condor towards [un]lawful authorities…

They misspelled a word.

 

[moe mensale]

Background on this case I didn't know about -

Bronx man, battling own legal woes, brings gun rights case to U.S. Supreme Court
https://www.reuters.com/article/us-usa-court-guns/bronx-man-battling-own-legal-woes-brings-gun-rights-case-to-u-s-supreme-court-idUSKBN1Y1166

Gun control advocates fear that the conservative-majority Supreme Court could use the case to expand* gun rights and threaten a wide array of ** gun control measures nationwide such as expanded background checks and "red flag" laws targeting the firearms of people deemed dangerous by the courts.

* The correct word is "restore."
** Insert "unconstitutional."