SCOTUS Concealed Carry Case - NYSRPA v. Bruen — Decision … soon

[SkyHawk]

The only good 2-step is the Texas 2-step. Every other 2-step can get wrekd

Since Heller and McDonald, the Courts of Appeals have devel- oped a “two-step” framework for analyzing Second Amendment chal- lenges that combines history with means-end scrutiny. The Court re- jects that two-part approach as having one step too many.

"Step one is broadly consistent with Heller, which demands a test rooted in the Sec- ond Amendment’s text, as informed by history. But Heller and McDon- ald do not support a second step that applies means-end scrutiny in the Second Amendment context."

"Heller’s methodology centered on constitutional text and history. It did not invoke any means-end test such as strict or intermediate scrutiny, and it expressly rejected any interest-balancing inquiry akin to intermediate scrutiny."

[ironpegasus]

Under the new one step standard, any chance that there will be a challenge to at least the 1986 FOPA ban on "new" automatic weapons? Seems like that one should be toast because you can buy a machine gun just not a newer one which denies any compelling government interest because you can still get them, they just cost an exorbitant amount.

Seems like other things that should be toast are:

Roster
AWB
Mag limits

I think the NFA tax stamp stands but maybe not blanket bans on suppressors?

Anyway, with this ruling I see some glimmer of hope for a lot of the most onerous stuff to go the way of the dodo.

[cjc16]

Originally Posted by Elgatodeacero

Some of you people are so negative you would complain that the free beer in heaven isn’t cold enough.

I actually might do that.

[radioburning]

Time for me to start sourcing the unicorn feathers I’m gonna need to meet CA’s licensing requirements…

[OleCuss]

Originally Posted by MrBrent

Here comes the mile long list of additional things to get your CCW. 100 hrs of training, 1 million dollars of insurance, re qualifying twice a year and on and on. Then we sue again and 10 more years we win again but they will not stop unfortunately.

The fun thing is that they appear to have specifically addressed long waits and exorbitant fees. If long wait times persist and if it is overly costly to obtain the permit to carry then you can likely win in court.

Realistically, the courts will allow the LEAs or whoever is issuing permits to take a few months or even as much as a year to ramp up their permit issuing process and cut down the wait times.

[AdamVIP]

Originally Posted by MrBrent

Here comes the mile long list of additional things to get your CCW. 100 hrs of training, 1 million dollars of insurance, re qualifying twice a year and on and on. Then we sue again and 10 more years we win again but they will not stop unfortunately.

Don't be a downer. A win is a win and we are better off now. We got a good ruling on this one.

[bhp1410]

I think our only hope is if sheriff departments just give up the fight and start issuing according to the new SCOTUS standard. Like if OC and LA just start issuing en-masse then the house of cards will fall.

[CGZ]

Originally Posted by wchutt

“That said, because any permitting scheme can be put to abusive ends, we do not rule out constitutional challenges to shall-issue regimes where, for example, lengthy wait times in processing license applications or exorbitant fees deny ordinary citizens their right to public carry.”

- Page 36/135 on the PDF, page 30 of the opinion of the court.

This is good but seems like it just opens up another years long court battle. The restrictive states can pass these schemes and just wait out the near decades long litigation before they are struck down. Finally what would be considered lengthy or exorbitant?

[homelessdude]

I think all the people critical of the decision should stop the pissing and moaning and enjoy the victory. Find your favorite refreshment and toast the good news. It has taken years and a lot of funds to get to this point. Relax and enjoy it. In the coming days the decision will be examined to death by both sides. I'll bet most of you haven't even read the sixty pages, but you want to inflict your opinion on the rest of us. This fight has been going on for well over fifty years, it will continue for many more. From a quick glance at the decision there is much hope in the death of intermediate scrutiny and the dozen or so cases that will get remanded back down to the lower courts for reconsideration. Let it play out and enjoy the decision. JNO

[Elgatodeacero]

The best way to assess “lengthy” and “exhorbitant” would be to take an average of the 43 states that do CCW licensing properly and look at their average issuance times and average expense for permit.

[CGZ]

Originally Posted by Elgatodeacero

The best way to assess “lengthy” and “exhorbitant” would be to take an average of the 43 states that do CCW licensing properly and look at their average issuance times and average expense for permit.

Well, 25 states are constitutional carry with 0 wait time or fees.

[Hsu]

Originally Posted by bhp1410

I think our only hope is if sheriff departments just give up the fight and start issuing according to the new SCOTUS standard. Like if OC and LA just start issuing en-masse then the house of cards will fall.

Villanueva already stated he would respect the courts decision. So LA is good to go.

[Elgatodeacero]

We still don’t know if open carry can be banned!?

Hopefully the Nichols case will answer that.

[Intel0116]

Originally Posted by bonzai272

As mentioned by others, curious about reciprocity amongst States. Will a non-resident permit fly in CA now. Anything mentioned about this in the ruling?

I am highly interested in this

[NorCalRT]

Originally Posted by numpty

Is "self defense" acceptable "justification" now?

No justification is needed now

[mrrsquared79]

Originally Posted by Elgatodeacero

Some of you people are so negative you would complain that the free beer in heaven isn’t cold enough.

It's called Battered Gun Owner Syndrome.

[ShadowGuy]

Originally Posted by radioburning

Time for me to start sourcing the unicorn feathers I’m gonna need to meet CA’s licensing requirements…

No unicorn feathers needed.

That said, because any permitting scheme can be put toward abusive ends, we do not rule out constitutional challenges to shall-issue regimes where, for example, lengthy wait times in processing license applications or exorbitant fees deny ordinary citizens their right to public carry.

[19K]

Originally Posted by lastinline

And that could become a valid, useful tool, not only as a means to make a living, but as a method to punish governments that trample rights. Kind of like professional ambulance chasers, but those who focus on 2A issues. An entire cottage industry should spring up, with the sole purpose of raking in $$$ for every conceivable slight. It’s our time now, and for once the Democrats need to feel some real pain.

Ambulance chasers get “fast” money because of settlements, not any actual
Violations of law. They send a pre written letter to the insurance company, and take 40%.

2a cases will take forever to settle and not worth the time of any ambulance chaser types.

[wchutt]

Originally Posted by CGZ

- Page 36/135 on the PDF, page 30 of the opinion of the court.

This is good but seems like it just opens up another years long court battle. The restrictive states can pass these schemes and just wait out the near decades long litigation before they are struck down. Finally what would be considered lengthy or exorbitant?

True, but at least SCOTUS is aware of it and may be looking for a case to further clarify.

[FreshTapCoke]

Originally Posted by ironpegasus

Under the new one step standard, any chance that there will be a challenge to at least the 1986 FOPA ban on "new" automatic weapons? Seems like that one should be toast because you can buy a machine gun just not a newer one which denies any compelling government interest because you can still get them, they just cost an exorbitant amount.

Seems like other things that should be toast are:

Roster
AWB
Mag limits

I think the NFA tax stamp stands but maybe not blanket bans on suppressors?

Anyway, with this ruling I see some glimmer of hope for a lot of the most onerous stuff to go the way of the dodo.

This is a great reminder that this isn't the end. The gloves are off and it's time for us to start swinging!

Back those organizations and lawsuits that you support!

[BakoJ]

Originally Posted by CGZ

Well, 25 states are constitutional carry with 0 wait time or fees.

States like Utah still offer a concealed carry permit that is shall issue and must be processed by law within 60 days.

[Librarian]

Closed - discussion to http://www.calguns.net/calgunforum/s....php?t=1802804 please.