Gun rights showdown – Supreme Court
case a potential big win for Second Amendment
Fox News,
by
Jonathan Turley
Original Article
Posted By: DVC,
11/2/2021 3:07:30 PM
On Wednesday, the Supreme Court will take up arguably the oldest and most controversial right in our history. New York State Rifle Association v. Bruen is the first major gun rights case in over 10 years to come before the Supreme Court and it has the makings of a major gun rights victory.
The case concerns concealed-carry restrictions that require a showing of "proper cause." Lower courts have upheld the New York law, but there are ample constitutional concerns over its vague standard, such as showing that you are "of good moral character." New York wants to exercise discretion in deciding who needs to carry guns in public
Reply 1 - Posted by:
govlawyer 11/2/2021 3:19:17 PM (No. 964910)
I live in NY and have a concealed carry pistol permit; every pistol permit in NYS (or City for that matter) is a concealed carry permit because it is against the law to openly carry a pistol unless you're in law enforcement or an armored car crew member on duty; business owners can carry concealed in some limited situations as well. What the Court is deciding is basically whether or not we have a right to carry our handguns for purposes other than going to a firing range--namely for self defense. And in NY, only the truly elite are allowed to carry for that purpose (and they're the ones with bodyguards to boot).
I don't have much hope for this one and predict that Roberts will be the deciding vote 5-4, simply because he's such a wuss, but I won't be surprised if Kavanaugh bails on us as well (call it a gut feeling).
I can hear Kagan's questioning the petitioner's attorney now: "Why does he need a gun? Does he think he's Davey Crockett?"
9 people like this.
Reply 2 - Posted by:
DVC 11/2/2021 3:41:40 PM (No. 964938)
Roberts voted for the Heller Case and for the MacDonald case, both major wins for Second Amendment rights where he could have pushed the ruling the other way, and did not. I think that there is a reasonable chance for a 6-3 vote on this one in favor of the Second Amendment, at worst 5-4, still in favor of gun rights.
7 people like this.
Reply 3 - Posted by:
govlawyer 11/2/2021 4:16:56 PM (No. 964983)
#2- I hope I'm wrong, but the Roberts who voted for Heller is not the Roberts sitting up there today--we're witnessing his "evolution" (just like Barky obongo evolved on things).
5 people like this.
Reply 4 - Posted by:
Stencil 11/2/2021 4:17:52 PM (No. 964985)
Nothing in court is a sure thing. Kind of like the saying Bear Bryant used about the pass - there are three things that can happen and two of them aren't good.
4 people like this.
Reply 5 - Posted by:
chumley 11/2/2021 4:31:46 PM (No. 964999)
I have hope, but the SC has not shown me much lately. I dont know what is their inspiration but it isn't The Constitution.
7 people like this.
Reply 6 - Posted by:
bpl40 11/2/2021 5:09:51 PM (No. 965035)
The Second Amendment to the Constitution, does not grant or create any rights. It merely admonishes State governments that their legitimacy and authority is contingent upon respecting a natural God given right of self defense that all Americans possess as freemen. Whether the Republic exists or not, its Constitution is upheld or not, this right will always exist. It doesn't need any 'victories'.
2 people like this.
Reply 7 - Posted by:
DVC 11/2/2021 5:17:42 PM (No. 965042)
I see you philosophical point, and agree with the philosophy. But folks in NY, Hawaii, NJ, etc still go to jail for years if they try to act like they have this right....when their police, prosecutors and jailers do not see it that way.
We need to work on getting the various states to recognize those pre-existing rights and stop arresting and imprisoning people for trying to exercise them.
5 people like this.
This case should be about as close to a legal slam dunk as you can get. It is very well reasoned BUT, I wouldn't even hazard a guess about this court past about three votes. After watching SCOTUS slap away every single legal challenge to the 2020 election, I don't think reason or legality factors into most of their decisions these days.
Five years ago? I would have bet the farm. Now with Roberts and a bunch of McConnell appointees, no way.
0 people like this.
Reply 9 - Posted by:
MickTurn 11/2/2021 6:12:51 PM (No. 965106)
I will relish the day the SCOTUS (Conservative Majority) takes this Law and shoves it in New Jerks Wazoo!
2 people like this.
Reply 10 - Posted by:
Captain Howdy 11/2/2021 6:22:33 PM (No. 965117)
I hope that they establish strict scrutiny for 2nd amendment issues and that the opinion is authored by Clarence Thomas.
5 people like this.
Reply 11 - Posted by:
bighambone 11/2/2021 6:45:37 PM (No. 965150)
No matter how the court rules the only only impact will be on law abiding firearms owners, as criminals and terrorists who possess and use illegal firearms to commit crimes are not about to obey any firearms control laws.
2 people like this.
Reply 12 - Posted by:
udanja99 11/2/2021 7:25:59 PM (No. 965189)
All fifty states should have Constitutional Carry laws.
5 people like this.
Reply 13 - Posted by:
SkeezerMcGee 11/2/2021 7:53:51 PM (No. 965222)
Thomas, Alito, Barrett, Kavanaugh, and Gorsuch will be in the majority to find parts of the New York Statute to be unconstitutional. Kagan and Sotomayor will have no problem with the New York law. Breyer could go either way. Robers will probably vote with the minority.
0 people like this.
Reply 14 - Posted by:
DVC 11/2/2021 8:25:57 PM (No. 965253)
I think you are close, #14, but zero chance Breyer votes for ANY Second Amendment friendly ruling. Hell will freeze over long before that.
0 people like this.
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I am optimistic that this case may become the basis for mandating that all states use objective criteria for CCW permits , called "shall issue", as opposed to subjective "may issue" laws.