SCOTUS appears likely to void New York's gun permit law

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SCOTUS appears likely to void New York's gun permit law

Postby jdege on Wed Nov 03, 2021 4:55 pm

https://www.politico.com/news/2021/11/03/supreme-court-new-york-gun-permit-law-519045
Supreme Court appears likely to void New York's gun permit law
The justices seem inclined to find that the right to keep and bear arms extends to carrying them outside the home.
Justice Brett Kavanaugh said he was troubled that New York’s system allows officials “blanket discretion” to accept or reject a request for a permit. “That’s just not how we do constitutional rights,” Kavanaugh said.

Chief Justice John Roberts expressed similar reservations.

“You don’t have to say when you’re looking for a permit to speak on a street corner that your speech is particularly important,” Roberts said. “The idea you need a license to exercise the right, I think, is unusual in the context of the Bill of Rights.”
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Re: SCOTUS appears likely to void New York's gun permit law

Postby Lumpy on Wed Nov 03, 2021 5:27 pm

What arguments is NY putting forward? "But we've always done it that way"?
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Re: SCOTUS appears likely to void New York's gun permit law

Postby jdege on Wed Nov 03, 2021 5:52 pm

Lumpy wrote:What arguments is NY putting forward? "But we've always done it that way"?


Essentially, this:

More especially, it cannot be believed that the large slaveholding States regarded them as included in the word citizens, or would have consented to a Constitution which might compel them to receive them in that character from another State. For if they were so received, and entitled to the privileges and immunities of citizens, it would exempt them from the operation of the special laws and from the police regulations which they considered to be necessary for their own safety. It would give to persons of the negro race, who were recognised as citizens in any one State of the Union, the right to enter every other State whenever they pleased, singly or in companies, without pass or passport, and without obstruction, to sojourn there as long as they pleased, to go where they pleased at every hour of the day or night without molestation, unless they committed some violation of law for which a white man would be punished; and it would give them the full liberty of speech in public and in private upon all subjects upon which its own citizens might speak; to hold public meetings upon political affairs, and to keep and carry arms wherever they went.
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Re: SCOTUS appears likely to void New York's gun permit law

Postby Jackpine Savage on Wed Nov 03, 2021 7:50 pm

Roberts advocating constitutional carry? He'll probably change his mind.
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Re: SCOTUS appears likely to void New York's gun permit law

Postby jdege on Wed Nov 03, 2021 9:17 pm

Jackpine Savage wrote:Roberts advocating constitutional carry? He'll probably change his mind.

I'm not expecting constitutional carry, but we might see shall-issue.
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Re: SCOTUS appears likely to void New York's gun permit law

Postby Rip Van Winkle on Thu Nov 04, 2021 5:06 am

Lumpy wrote:What arguments is NY putting forward? "But we've always done it that way"?

Guns are scary. :roll:
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Re: SCOTUS appears likely to void New York's gun permit law

Postby Lumpy on Thu Nov 04, 2021 9:45 am

It would give to persons of the negro race <> the right to <> go where they pleased at every hour of the day or night without molestation, unless they committed some violation of law for which a white man would be punished;

With regards to "Stop and Frisk", African-Americans are still fighting to overturn the Dred Scott decision.
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Re: SCOTUS appears likely to void New York's gun permit law

Postby crbutler on Thu Nov 04, 2021 12:13 pm

I don’t even see insisting on “shall issue” but rather on having a definitive set of criteria set forth in law, rather than some official’s whim.

Essentially everyone knows that NY’s gun laws are who you know, not need or some logical rationale (I’ve got relatives there).
On
Heller essentially said that some logical controls are allowed. All SCOTUS seems to be signaling is that saying no without a good reason that is enumerated in law is not constitutional. Saying that you demonstrate good moral fiber as documented by X,Y,Z; have documented x hours of training, and have liability coverage would probably pass Heller. How this decision is worded will be significant.
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Re: SCOTUS appears likely to void New York's gun permit law

Postby Grayskies on Thu Nov 04, 2021 4:18 pm

New York State Rifle & Pistol Association v Bruen


Length (159:26) https://youtu.be/xdj3wtnm_7o

Audio of oral arguments.

TLDR: We're right, they're wrong.
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