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National 2nd Amend. Political & Legal Discussion Discuss national gun rights and 2A related political topics here. All advice given is NOT legal counsel. |
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New York State Rifle & Pistol Assoc. v. City of New York: Mooted & GVR'd 4/27/20
New York State Rifle & Pistol Association Inc. v. City of New York, New York
18-280 Issue: Whether New York City’s ban on transporting a licensed, locked and unloaded handgun to a home or shooting range outside city limits is consistent with the Second Amendment, the Commerce Clause and the constitutional right to travel Listed for 1/4/19 conference initially Relisted for 1/11/19 conference Relisted for 1/18/19 conference Cert Granted in 1/22/19 NYC Requests a stay pending a proposed law change to allow additional approved locations in an attempt to resolve the complaints and render the case moot. 4/12/19 SCOTUS denies request for stay on 4/29/19 NYSRPA brief submitted on 5/7/19 NYC brief submitted on 8/5/19 Back to conference on 10/1. Likely to resolve mootness claim. Motion to dismiss for mootness denied, mootness to be discussed at orals. Oral arguments scheduled for 12/2/19 Case mooted and GVRd 4/27/20 Quote:
http://www.scotusblog.com/case-files...york-new-york/ Great case tracker for SCOTUS 2nd: https://sites.law.duke.edu/secondtho...ek-of-4-20-20/ All these cases were previously held, now we wait for one of these may be the next case for OT2020. Look at all these "carry" cases: Rogers v. Grewal 3rd Cir. 20-Dec-18 NJ “may issue” public carry regime distributed 23-May-19 conf. Gould v. Lipson 1st Cir. 1-Apr-19 MA “may issue” public carry regime (as implemented locally) distributed 6-June-19 conf. Cheeseman v. Polillo N.J. 28-June-19 NJ “may issue” public carry regime distributed 18-Oct-19 conf. Ciolek v. New Jersey N.J. 18-July-19 NJ “may issue” public carry regime distributed 1-Oct-19 conf. Malpasso v. Pallozzi 4th Cir. 26-Sep-19 MD “may issue” public carry regime distributed 24-Jan-20 conf. Culp v. Raoul 7th Cir. 10-Oct-19 IL refusal to grant carry permits to most non-residents distributed 21-Feb-20 conf. Looks at all these cases restricting what I will call " access " to firearms: Pena v. Horan 9th Cir. 28-Dec-18 California’s Unsafe Handgun Act (microstamping, etc.) distributed 12-Apr-19 conf. Wilson v. Cook County, IL 7th Circ. 27-Nov-19 Assault weapons and high-capacity magazine ban distributed 6-Mar-20 conf. Case Ct. Below Pet. Filed Implicated Law/Issue Status Mance v. Barr 5th Cir. 19-Nov-18 Federal ban on out-of-state handgun purchases distributed 12-Apr-19 conf. Worman v. Healey 1st Cir. 23-Sep-19 Ban on assault weapons and high-capacity magazines distributed 10-Jan-20 conf. Here are the threads for the various other cases: Pena- Roster Challenge Ivan Pena, et al., Petitioners v. Martin Horan, Director, California Department of Justice Bureau of Firearms SCOTUS Docket https://www.supremecourt.gov/Search....%5C18-843.html Calguns Thread http://www.calguns.net/calgunforum/s...d.php?t=812117 Mance v. Whitaker SCOTUS Docket https://www.supremecourt.gov/Search....%5C18-663.html Calguns Thread https://www.calguns.net/calgunforum/...ighlight=mance Rogers - NJ CCW Thomas Rogers, et al., Petitioners v. Gurbir Grewal, Attorney General of New Jersey, et al. SCOTUS Docket https://www.supremecourt.gov/search....ic/18-824.html Calguns Thread http://www.calguns.net/calgunforum/s....php?t=1498027 Gould v. Morgan SCOTUS Docket https://www.supremecourt.gov/Search....c\18-1272.html Gould Calguns Thread http://www.calguns.net/calgunforum/s...ighlight=Gould Worman v. Healey - MA AWB SCOTUS docket https://www.supremecourt.gov/Search....lic/19a11.html Calguns thread https://www.calguns.net/calgunforum/...ghlight=worman Also should mention this from lower courts: Young v. State of Hawaii, No. 12-17808 Calguns Thread https://www.calguns.net/calgunforum/...php?t=1424391/ Case Status: https://www.ca9.uscourts.gov/enbanc/ Quote:
Last edited by ShadowGuy; 04-27-2020 at 9:30 AM.. Reason: Update |
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California is bad. NYC is asinine. And they way they twist the constitution. Just read it, plain as day. "Shall not be infringed" .
Last edited by ShadowGuy; 10-31-2018 at 9:30 PM.. |
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Do you have the Reader's Digest version of the Constitution? I think the word your looking for is INFRINGED.
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I just found this out myself but apparently it's true, this kind of thing goes unopposed at the federal level so it will continue and spread to other areas. It seem our system of government in trying not to have a all powerful tyrannical government spreads the power around to the states making them sovereign with their own rights managed to create states and local governments that have become corrupted and now we have the problem that the founders of our government was trying to prevent but now at the local level.
Last edited by R Dale; 10-31-2018 at 8:19 PM.. |
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I've only read the posts above, but if it is as an egregious decision as it sounds, I wouldn't be surprised if SCOTUS pulls another Caetano and delivers a relatively quick per curiam decision. https://en.wikipedia.org/wiki/Caetano_v._Massachusetts
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240+ examples of CCWs Saving Lives. Last edited by Paladin; 10-31-2018 at 8:17 PM.. |
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https://www.supremecourt.gov/docket/...ic/18-280.html The last thing with a date is: "Motion to extend the time to file a response is granted and the time is extended to and including November 8, 2018." (emphasis added)
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240+ examples of CCWs Saving Lives. |
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Although MOST I certainly agree that this is what is going on, I was merely referencing the argument that the /city is making in support of its ordinance.
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#18
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I cant even comprehend how it got this bad. Everyone agrees you have a right to self defense in and out of your home. But you can only defend your self with a gun within your home. Outside the home your SOL. Makes no sense.
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And don't forget they are now trying to claim Nunn and Chandler(the basis of Heller) can be disregarded since they were from slave states. |
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My 2nd vote is a ruling in favor of NYSRPA based on commerce and freedom of movement, completely ignoring 2A, with a concurrent opinion by Thomas (maybe another) saying he also supports a decision in favor of NYSRPA because of 2A.
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Hauoli Makahiki Hou ------- |
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Does anyone know if something like that ever been attempted before?
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When seconds count 1911 > 911 is correct numerically as well "Sometimes I wonder whether the world is being run by smart people who are putting us on, or by imbeciles who really mean it." -Mark Twain |
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Distributed for conference on 1/4/19
http://www.scotusblog.com/case-files...york-new-york/ Reply of Petitioners https://www.supremecourt.gov/DocketP...18%20FINAL.PDF It’s slowly making its way forward. Last edited by ShadowGuy; 11-29-2018 at 10:59 AM.. |
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Nice reply brief. You've at least got a shot if for no other reason than that the law is as stupid as the D.C. law challenged in Heller. If it flies, will NJ's ban on HPs anywhere but between the gun store and the home be far behind? If hey are good enough to defend your house, they should be good enough anywhere you are allowed to carry; where the bullet is doesn't change its characteristics.
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#25
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TTAG article https://www.thetruthaboutguns.com/20...n-waiting-for/
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ARCHIVED Calguns Foundation Wiki here: http://web.archive.org/web/201908310...itle=Main_Page "The object of life is not to be on the side of the majority, but to escape finding oneself in the ranks of the insane."Ann Althouse: “Begin with the hypothesis that what they did is what they wanted to do. If they postured that they wanted to do something else, regard that as a con. Work from there. The world will make much more sense.” Not a lawyer, just Some Guy On The Interwebs. |
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Holy crap, this is the first I've heard of this. Tagged
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Welcome to OT, where hypocrisy is King, outrage is Queen and the Kingdom is on the shores of the Denial River. __________________ |
#27
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If they do take this case I highly doubt they will address “carry”. The scope of the question they’ll answer will be fairly narrow. It might do a little bit more than Caentano, but I don’t see this helping AWB, mag capacity, or may-issue.
It would be a good opportunity to slam the lower courts who use “intermediate scrutiny”. That might do us some good. This will be interesting to see what happens. The case is fairly innocuous in the grand scheme of things and won’t really hurt the core anti-2a agenda unless the opinion is crafted to do just that. With Roberts on the court, I don’t think that will happen though. |
#28
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Wow. Just when you thought California was bad...
I like the tortured logic here, though. In the home, but certainly not your vacation home. You’ll need another gun for that. A vacation gun. NYC wants us to buy more guns, then? Well, if you’re going to twist my arm... |
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I wonder if RBG will be attending the conference in 1 week?
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240+ examples of CCWs Saving Lives. |
#30
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While I'd like SCOTUS to take the case, if they did only one case in the next year, I'd rather have them address a true right to carry case, which makes this case a moot point since a NYC unrestricted permit would no longer be impossible to get.
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#31
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Absolutely. Ideally we would see a ruling that does away with carry permits altogether and simply states the Second Amendment means what it says.
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So I am trying to learn the procedure here in the court. From what I understand there are likely 4 outcomes for Monday.
Grant - more briefing and possibly oral arguments leading to a decision. Relist- discuss granting cert at the next conference. Hold- Nothinh happens and it sits until a relist. Denied- it’s over. Does that seem right? |
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#36
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Oh man this is as hilarious as it is scary. Why anyone would live in a slime infested socialist/communist city like New York is just baffling.
At some point I suspect that CA will adopt a law or set of laws that finally pushes me to give up and move away. Not quite there yet but something like this NY law of restricting free travel would do it for sure. |
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From what I understand they are releasing opinions on Tuesday. I doubt it will be on this case.
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#38
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What a shame for gun owners who live in NY. Gov Cuomo and his minions have really violated the constitution. Good luck to the NYS rifle and pistol Association this should be a easy win.
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God so loved the world He gave His only Son... Believe in Him and have everlasting life. John 3:16 NRA,,, Lifer United Air Epic Fail Video ... https://www.youtube.com/watch?v=u99Q7pNAjvg |
#39
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Nothing on this case in the orders released. I guess that’s good news as I wasn’t denied yet. From what I read, it is likely that and case they are actually considering gets held then relisted for a few rounds until they can draft and review the opinions.
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#40
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Roberts, the social liberal will take any steps necessary to avoid any gun case getting to his court. He's done this since 2009 and I see no reasoning for him to change.
Thanks, Bush. |
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