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What You Need To Know About Today’s
Gun Rights Case In The Supreme Court

Original Article

Posted By: earlybird, 11/3/2021 10:45:56 AM

Today, for the first time in more than a decade, the U.S. Supreme Court will hear oral argument in a case involving the Second Amendment. While the appeal in New York State Rifle and Pistol Association, Inc. v. Bruen concerns the constitutionality of New York’s restrictive concealed-carry permitting system, the high court’s analysis will prove as important as the ultimate outcome. Here’s what you need to know. The Second Amendment provides: “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.” Although one of our first freedoms, the Second Amendment remained neglected in the realm

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A legal expert with long years experience as a permanent law clerk to a federal judge, Cleveland writes an important article. Interesting that she highlights the potential importance of the analysis that will occur.

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Reply 1 - Posted by: BarryNo 11/3/2021 10:56:34 AM (No. 965806)
It would not surprise me, given how things are going lately, for the Second Amendment being protected by SCOTUS - even if narrowly with Roberts and the usual suspects then demanding the decision be dismissed as it does not conform to their anti-gun views. In other words a minority of the court wielding tyrannical power over the majority. Lawless? Yes! But things have been trending that way, of late.
6 people like this.

Reply 2 - Posted by: lakerman1 11/3/2021 11:06:29 AM (No. 965811)
Why not apply the same standards that exist for long guns under the 1968 law?
2 people like this.

Reply 3 - Posted by: DVC 11/3/2021 11:38:26 AM (No. 965862)
"....shall not be infringed." seems to be a VERY clear, absolutely unambiguous restriction on ANY 'infringement'. Frankly, it was the clear intent of the Founding Fathers that there be NO restrictions on keeping and bearing "arms". ANY arms. "Assault weapon bans" and "magazine bans" and other various restrictions on firearms are clearly at odds with the intent of the Second Amendment. Since they INTENDED people to be capable of defending their homes, and, if need be, of forming a militia which was militarily capable of opposing a tyrannical government, these sort of restrictions on weapons would have surprised the founders, too.
5 people like this.

Reply 4 - Posted by: bigfatslob 11/3/2021 11:53:23 AM (No. 965888)
Of late lower courts in the liberal large cities have infringed, watered down the second amendment to the point where is has to be scrubbed clean by the SCOTUS. We have arrived where liberal lower courts are bending obvious simple laws with word salads even nullifying people who voted for a law. The lower courts are the lawless ones now. It's time to rule with the Constitution barely hanging on with meaning to liberals. I'm not feeling confident with Roberts sitting with the left most of the time. fjb
6 people like this.

Reply 5 - Posted by: FL_Absentee_Voter 11/3/2021 1:00:03 PM (No. 965985)
And those permits required of New Yorkers cost individuals hundreds and hundreds of dollars. Those who need self-protection the most - low-income inner-city residents - can't afford them even if they could prove just cause.
3 people like this.

Reply 6 - Posted by: DVC 11/3/2021 2:30:56 PM (No. 966109)
Re #5, the 'elite class' has generally looked at the 'lower classes' being armed for their protection as unacceptable. Only 'important people' should be permitted to be armed. One way to do this is make it very expensive to get a permit. Rich folks can afford to pay $5,000 for a permit, ordinary folks and poor folks cannot, and that is no accident. My understanding is that to get a permit in NYC you start with a $5,000 or more payoff to the "correct" law firm, and things get sorted out. This egalitarian ownership of weapons has always been upsetting to the British and their later inheritors, and been an important right to ordinary Americans. This is what "shall issue" laws were all about, not letting the 'elites' decide without objective criteria who may go armed and then the ultimate commitment to the true intent of the 2nd Amendment is the 20 or so states how who have "Constitutional carry' where any adult who can legally own a gun can carry it for self defense, no government permission slip required. That's what the founders had in mind.
2 people like this.

Reply 7 - Posted by: SkeezerMcGee 11/3/2021 7:37:12 PM (No. 966399)
The Article includes: "First, under either framing of the question on appeal, the initial question the justices must decide is whether the Second Amendment protects an individual’s right to keep and bear arms outside of the home. Because Heller and McDonald both concerned laws prohibiting or regulating guns within the home, at least five circuits have used that fact to hold Second Amendment protections do not extend beyond the threshold." Comments At today's oral argument no attorney and no justice even remotely implied or suggested that the 2nd Amendment is limited to "witin the home." It seemed to assumed that the 2nd Amendment is clearly NOT limited to "within the home." There was very little discussion regarding the level of scrutiny that should be applied. The attorney for the permit applicants (who was EXCELLENT) first told the court that either strict scrutiny or intermediate scrutiny would be OK. Although I think that during his rebuttal he strongly requested "strict scrutiny." Most of the oral argument centered on (1) "open carry" vs "concealed carry;" (2) court decisions that have allowed time and place limitations of carryiing firearms; (3) whether the government SHALL issue the applied for permit unless relevant facts exist in the specific case that support a lawful denial (based on only relevant facts) of the applied-for permit, OR whether the permitting process requires that the permit must be DENIED unless the applicant can prove his or her special (personal to the applicant) need to carry a firearm for that applicant's self defense in the geographic area of the applicable permitting government. The was considerable discussion reagrding times and places. The justices seemed most concerned about the amount of discretion that the applicable permitting process delegates to the hearing officer. The justices clearly seemed to favor the "shall issue" process, whereby the applied for permit SHALL be GRANTED unless the hearing office has sufficient facts in the record that justify denial of the applied-for permit. Also it was assumed in all cases that the hearing officer must specity in writing the factual and legal bases for the decision that grants or denies the permit.
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