Smith & Wesson Forum

Advertise With Us Search
Go Back   Smith & Wesson Forum > General Topics > 2nd Amendment Forum

Notices

2nd Amendment Forum Current 2nd Amendment Issues- READ the INSTRUCTIONS!


Reply
 
Thread Tools Display Modes
  #1  
Old 12-01-2019, 12:06 PM
robertrwalsh robertrwalsh is offline
SWCA Member
N Y Case to be heard tomorrow N Y Case to be heard tomorrow N Y Case to be heard tomorrow N Y Case to be heard tomorrow  
Join Date: May 2008
Location: Peoples Republic of Calif
Posts: 4,670
Likes: 1,236
Liked 6,042 Times in 2,152 Posts
Default N Y Case to be heard tomorrow

The possibly very significant case of N Y City Versus New York State Rifle and Pistol Association will be heard by SCOTUS tomorrow. At issue are the idiotic and draconian rules that the NYPD places (placed) on legal premesis handgun permit holders. The city is trying to weasle around a ruling by amending their rules and then declaring the issue is moot. The justices have agreed to hear the case anyway. The U. S. government has taken the official position that the issue is NOT moot because members of the NYSRPA could still attempt claims for damages against the "old" law. Approximately 50 amicus briefs have already been filed with the court in the case. It could be interesting.
Reply With Quote
The Following 7 Users Like Post:
  #2  
Old 12-02-2019, 03:18 AM
rednichols's Avatar
rednichols rednichols is offline
Member
N Y Case to be heard tomorrow N Y Case to be heard tomorrow N Y Case to be heard tomorrow N Y Case to be heard tomorrow N Y Case to be heard tomorrow  
Join Date: Jul 2012
Posts: 2,499
Likes: 1,858
Liked 7,746 Times in 2,127 Posts
Default

I know I'll be watching the case :-). Please keep us all up to date with your insights.
__________________
Red Nichols The Holstorian
Reply With Quote
  #3  
Old 12-02-2019, 08:16 AM
bushmaster1313's Avatar
bushmaster1313 bushmaster1313 is offline
Member
N Y Case to be heard tomorrow N Y Case to be heard tomorrow N Y Case to be heard tomorrow N Y Case to be heard tomorrow N Y Case to be heard tomorrow  
Join Date: Feb 2011
Location: PRNJ
Posts: 6,746
Likes: 477
Liked 16,754 Times in 3,311 Posts
Default

I heard about this case
Thanks for reminder that argument is today

Transcript of oral argument will be available here

Audio of the oral argument will be available here

Stay tuned boys and girls
__________________
Buy American
Vote Responsibly

Last edited by bushmaster1313; 12-02-2019 at 08:19 AM.
Reply With Quote
The Following User Likes This Post:
  #4  
Old 12-02-2019, 12:21 PM
delcrossv's Avatar
delcrossv delcrossv is offline
SWCA Member
N Y Case to be heard tomorrow N Y Case to be heard tomorrow N Y Case to be heard tomorrow N Y Case to be heard tomorrow N Y Case to be heard tomorrow  
Join Date: May 2018
Location: Outer Uzbekistan
Posts: 4,667
Likes: 8,582
Liked 11,687 Times in 3,060 Posts
Default

Quote:
Originally Posted by bushmaster1313 View Post
I heard about this case
Thanks for reminder that argument is today

Transcript of oral argument will be available here

Audio of the oral argument will be available here

Stay tuned boys and girls
I think the audio will be available Friday- based on this from the SCOTUS website:

"The audio recordings of all oral arguments heard by the Supreme Court of the United States are available to the public at the end of each argument week. The audio recordings are posted on Fridays after Conference."
__________________
SWCA #3356, SWHF#611
Reply With Quote
  #5  
Old 12-02-2019, 12:39 PM
bushmaster1313's Avatar
bushmaster1313 bushmaster1313 is offline
Member
N Y Case to be heard tomorrow N Y Case to be heard tomorrow N Y Case to be heard tomorrow N Y Case to be heard tomorrow N Y Case to be heard tomorrow  
Join Date: Feb 2011
Location: PRNJ
Posts: 6,746
Likes: 477
Liked 16,754 Times in 3,311 Posts
Default

Argument was heard at 10:00 AM today

Transcript could be available later today
__________________
Buy American
Vote Responsibly
Reply With Quote
  #6  
Old 12-02-2019, 01:58 PM
zogger's Avatar
zogger zogger is offline
Member
N Y Case to be heard tomorrow N Y Case to be heard tomorrow N Y Case to be heard tomorrow N Y Case to be heard tomorrow N Y Case to be heard tomorrow  
Join Date: Apr 2013
Location: Rochester, NY
Posts: 733
Likes: 28
Liked 23 Times in 6 Posts
Default

Hoping we see SCOTUS ask strong questions of NYC lawyers
Reply With Quote
  #7  
Old 12-02-2019, 03:34 PM
bushmaster1313's Avatar
bushmaster1313 bushmaster1313 is offline
Member
N Y Case to be heard tomorrow N Y Case to be heard tomorrow N Y Case to be heard tomorrow N Y Case to be heard tomorrow N Y Case to be heard tomorrow  
Join Date: Feb 2011
Location: PRNJ
Posts: 6,746
Likes: 477
Liked 16,754 Times in 3,311 Posts
Default

transcript here
__________________
Buy American
Vote Responsibly

Last edited by bushmaster1313; 12-02-2019 at 03:36 PM.
Reply With Quote
The Following User Likes This Post:
  #8  
Old 12-02-2019, 04:20 PM
ladder13 ladder13 is online now
Member
N Y Case to be heard tomorrow N Y Case to be heard tomorrow N Y Case to be heard tomorrow N Y Case to be heard tomorrow N Y Case to be heard tomorrow  
Join Date: Jul 2005
Location: NC
Posts: 30,799
Likes: 58,008
Liked 53,067 Times in 16,550 Posts
Default

Leaked reports are that Roberts appears to be in sympathy with the court liberals. Not a big surprise.
__________________
Sure you did
Reply With Quote
  #9  
Old 12-02-2019, 04:21 PM
delcrossv's Avatar
delcrossv delcrossv is offline
SWCA Member
N Y Case to be heard tomorrow N Y Case to be heard tomorrow N Y Case to be heard tomorrow N Y Case to be heard tomorrow N Y Case to be heard tomorrow  
Join Date: May 2018
Location: Outer Uzbekistan
Posts: 4,667
Likes: 8,582
Liked 11,687 Times in 3,060 Posts
Default

Quote:
Originally Posted by bushmaster1313 View Post
Gorsuch and Alito delivered a serious whoopin' to Mr. Dearing (Respondent).

Quite entertaining!
__________________
SWCA #3356, SWHF#611
Reply With Quote
  #10  
Old 12-02-2019, 04:23 PM
delcrossv's Avatar
delcrossv delcrossv is offline
SWCA Member
N Y Case to be heard tomorrow N Y Case to be heard tomorrow N Y Case to be heard tomorrow N Y Case to be heard tomorrow N Y Case to be heard tomorrow  
Join Date: May 2018
Location: Outer Uzbekistan
Posts: 4,667
Likes: 8,582
Liked 11,687 Times in 3,060 Posts
Default

Quote:
Originally Posted by ladder13 View Post
Leaked reports are that Roberts appears to be in sympathy with the court liberals. Not a big surprise.
Roberts wasn't too bad here. He cut off Sotomayor. We really could use another Justice.
__________________
SWCA #3356, SWHF#611

Last edited by delcrossv; 12-02-2019 at 04:42 PM.
Reply With Quote
The Following User Likes This Post:
  #11  
Old 12-02-2019, 04:35 PM
zogger's Avatar
zogger zogger is offline
Member
N Y Case to be heard tomorrow N Y Case to be heard tomorrow N Y Case to be heard tomorrow N Y Case to be heard tomorrow N Y Case to be heard tomorrow  
Join Date: Apr 2013
Location: Rochester, NY
Posts: 733
Likes: 28
Liked 23 Times in 6 Posts
Default

Thanks for the link!
Reply With Quote
  #12  
Old 12-02-2019, 05:21 PM
zogger's Avatar
zogger zogger is offline
Member
N Y Case to be heard tomorrow N Y Case to be heard tomorrow N Y Case to be heard tomorrow N Y Case to be heard tomorrow N Y Case to be heard tomorrow  
Join Date: Apr 2013
Location: Rochester, NY
Posts: 733
Likes: 28
Liked 23 Times in 6 Posts
Default

I read the transcript. Some of my takeaways:

-Alito's "So if I stopped by to see my mother, that would not be allowed" question was brutal and spot on..

-The liberal judges aren't very bright and were in the tank

-All the assurances by the NYC lawyer about what would be enforced and not enforced were meaningless

-Too much discussion about suing for damages by the liberal judges.

-The question "Why don't the people just get carry licences?" was not answered. The reason is NYC carry licences (if you could get one) are not valid outside of NYC.
Reply With Quote
  #13  
Old 12-02-2019, 06:14 PM
bushmaster1313's Avatar
bushmaster1313 bushmaster1313 is offline
Member
N Y Case to be heard tomorrow N Y Case to be heard tomorrow N Y Case to be heard tomorrow N Y Case to be heard tomorrow N Y Case to be heard tomorrow  
Join Date: Feb 2011
Location: PRNJ
Posts: 6,746
Likes: 477
Liked 16,754 Times in 3,311 Posts
Default

Transcript was very unsatisfying-Mostly about whether the case was moot.

Very disappointing was when NYC's attorney talked about the MAJORITY holding in Heller, Justice Breyer said ("you're correctly stating the
views of some judges.")

Quote:
MR. DEARING: If history conclusively
shows that the restriction is impermissible,
then I -- I think -- as in Heller, Heller is an
example of that phenomenon. Heller determined
without consulting means and scrutiny, that
the -- that the law in question sort of went to
the core of and destroyed, in essence, the --
the -- the -- the Second Amendment right and,
therefore, was -- and more severe than any --
any historical, any analogous or prior law and
its degree of burden on the Second Amendment --
JUSTICE BREYER: No --
MR. DEARING: -- right.
JUSTICE BREYER: -- you're supposed to
do there, because you're correctly stating the
views of some judges.
MR. DEARING: Right.
JUSTICE BREYER: And some judges had
an opposite view.
__________________
Buy American
Vote Responsibly
Reply With Quote
  #14  
Old 12-02-2019, 06:43 PM
gman51 gman51 is offline
Member
N Y Case to be heard tomorrow N Y Case to be heard tomorrow N Y Case to be heard tomorrow N Y Case to be heard tomorrow N Y Case to be heard tomorrow  
Join Date: Feb 2012
Location: Just West of Houston
Posts: 3,468
Likes: 787
Liked 4,674 Times in 2,062 Posts
Default

Ginsberg opened the hearing asking why attorneys were arguing the case since NY changed the restrictions in the law. She asked what is left to discuss.
Maybe is any of the law constitutional could be a major discussion?
Reply With Quote
  #15  
Old 12-02-2019, 06:52 PM
bushmaster1313's Avatar
bushmaster1313 bushmaster1313 is offline
Member
N Y Case to be heard tomorrow N Y Case to be heard tomorrow N Y Case to be heard tomorrow N Y Case to be heard tomorrow N Y Case to be heard tomorrow  
Join Date: Feb 2011
Location: PRNJ
Posts: 6,746
Likes: 477
Liked 16,754 Times in 3,311 Posts
Default

This is an admission that the original rule did not pass Intermediate Scrutiny:

Quote:
And you did at one point, or someone
said I am a policeman, I happen to notice
there's a gun next to this person in the car who
stopped at the stoplight. I say, sir, what are
you doing with this gun? He says, I am going to
a firing range. Oh, I see. You're going to
test. Where is it?
Now if he says it's in Brooklyn, I can
find it. If he says it's somewhere 14 miles
northwest of Utica in the Adirondacks, I have a
harder time.
And I don't know who to believe. And
so it's tough. So there are more guns in New
York. What happened to that, that argument?
MR. DEARING: That argument is the --
is the argument that -- that is presented on the
record of the -- of the detective --
detective -- detective's affidavit, sorry.
We, of course, took a close look at
that question, and the police commissioner
determined that -- that the rule could be
repealed without a negative impact on public
safety
.
__________________
Buy American
Vote Responsibly
Reply With Quote
  #16  
Old 12-06-2019, 08:45 AM
noshow noshow is offline
Member
N Y Case to be heard tomorrow N Y Case to be heard tomorrow N Y Case to be heard tomorrow N Y Case to be heard tomorrow N Y Case to be heard tomorrow  
Join Date: Jan 2006
Posts: 448
Likes: 157
Liked 228 Times in 113 Posts
Default It's not over until the Fat Lady Sings

I too, found the transcript to be disappointing with mootness being the main issue argued. But, after reading many of the reviews my "Google Alert" provided, I have become more confident/hopeful that relief may still be on the way.
Reply With Quote
  #17  
Old 04-27-2020, 11:43 AM
ladder13 ladder13 is online now
Member
N Y Case to be heard tomorrow N Y Case to be heard tomorrow N Y Case to be heard tomorrow N Y Case to be heard tomorrow N Y Case to be heard tomorrow  
Join Date: Jul 2005
Location: NC
Posts: 30,799
Likes: 58,008
Liked 53,067 Times in 16,550 Posts
Default

SCOTUS decides not to rule in this case. Kavanaugh urges his colleagues to take up a 2A case.


https://www.cnbc.com/2020/04/27/supr...-a-decade.html
__________________
Sure you did
Reply With Quote
  #18  
Old 04-27-2020, 12:09 PM
oddshooter oddshooter is offline
Member
N Y Case to be heard tomorrow N Y Case to be heard tomorrow N Y Case to be heard tomorrow N Y Case to be heard tomorrow N Y Case to be heard tomorrow  
Join Date: Aug 2014
Location: the free state of Arizona
Posts: 1,016
Likes: 2,402
Liked 1,795 Times in 625 Posts
Default

We lost a big one there. This was the most obvious Win we had.
Facts don't matter. NY promised not to do it again.

Cities can do what they want; then change the rules for a few months, and then change them back.

Two Justices are cowards. They refused to take a stance against the looney anti-2A Judges who think the Bill of Rights is just wrong.

NY manipulated the Supreme Court with lies because they wanted to be manipulated. We won't prosecute our bad law, but we don't want that to be law, just in case we change our minds.

Waiting for the Court to save us is wasting your time. They won't even back prior Supreme decisions thrown away by local liberal District judges.

RBG is no longer alive. They have her propped up in the corner until their political demands are met. So much for an independent court devoid of politics.

The Second Amendment must be protected at the ballot box as the last final word. Never trust the Courts. That game is rigged.

Who holds Judges accountable; other Judges. Which means nobody. Is that a broken, corrupt system or what?

Last edited by oddshooter; 04-27-2020 at 12:10 PM.
Reply With Quote
The Following 3 Users Like Post:
  #19  
Old 04-27-2020, 12:33 PM
zogger's Avatar
zogger zogger is offline
Member
N Y Case to be heard tomorrow N Y Case to be heard tomorrow N Y Case to be heard tomorrow N Y Case to be heard tomorrow N Y Case to be heard tomorrow  
Join Date: Apr 2013
Location: Rochester, NY
Posts: 733
Likes: 28
Liked 23 Times in 6 Posts
Default

Highly disappointting.
Reply With Quote
The Following 2 Users Like Post:
  #20  
Old 04-27-2020, 04:13 PM
delcrossv's Avatar
delcrossv delcrossv is offline
SWCA Member
N Y Case to be heard tomorrow N Y Case to be heard tomorrow N Y Case to be heard tomorrow N Y Case to be heard tomorrow N Y Case to be heard tomorrow  
Join Date: May 2018
Location: Outer Uzbekistan
Posts: 4,667
Likes: 8,582
Liked 11,687 Times in 3,060 Posts
Default

Roberts, as usual, is a "strict accomodationist".
__________________
SWCA #3356, SWHF#611
Reply With Quote
The Following 6 Users Like Post:
  #21  
Old 04-27-2020, 05:15 PM
TTSH TTSH is offline
Junior Member
N Y Case to be heard tomorrow N Y Case to be heard tomorrow N Y Case to be heard tomorrow N Y Case to be heard tomorrow N Y Case to be heard tomorrow  
Join Date: Dec 2013
Location: MA
Posts: 7,707
Likes: 13,905
Liked 9,470 Times in 4,391 Posts
Default

Quote:
Originally Posted by zogger52 View Post
Highly disappointing.
... and then some.
Reply With Quote
The Following 2 Users Like Post:
  #22  
Old 04-27-2020, 05:41 PM
bushmaster1313's Avatar
bushmaster1313 bushmaster1313 is offline
Member
N Y Case to be heard tomorrow N Y Case to be heard tomorrow N Y Case to be heard tomorrow N Y Case to be heard tomorrow N Y Case to be heard tomorrow  
Join Date: Feb 2011
Location: PRNJ
Posts: 6,746
Likes: 477
Liked 16,754 Times in 3,311 Posts
Default

Not a complete loss
The decision of the 2nd Circuit Court of Appeals was vacated.
Therefore the bad law in the 2nd Circuit decision is not law.
It's time for the Supreme Court to take up the New Jersey may issue case

supreme court decision is here

New York State Rifle & Pistol Association, Inc., Et Al. v. City of New York | Mootness | Lawsuit
__________________
Buy American
Vote Responsibly
Reply With Quote
  #23  
Old 04-27-2020, 05:56 PM
schutzen-jager's Avatar
schutzen-jager schutzen-jager is offline
Member
N Y Case to be heard tomorrow N Y Case to be heard tomorrow N Y Case to be heard tomorrow N Y Case to be heard tomorrow N Y Case to be heard tomorrow  
Join Date: Jan 2014
Location: peoples republic of New J
Posts: 609
Likes: 585
Liked 856 Times in 340 Posts
Default JMHO

definitely a complete loss with no way of preventing reinstatement of previous restrictions - N.J. may issue has been has been fought + defeated for decades now , what makes anyone believe it will be any different now ? -
Reply With Quote
  #24  
Old 04-27-2020, 06:04 PM
bushmaster1313's Avatar
bushmaster1313 bushmaster1313 is offline
Member
N Y Case to be heard tomorrow N Y Case to be heard tomorrow N Y Case to be heard tomorrow N Y Case to be heard tomorrow N Y Case to be heard tomorrow  
Join Date: Feb 2011
Location: PRNJ
Posts: 6,746
Likes: 477
Liked 16,754 Times in 3,311 Posts
Default

Quote:
Originally Posted by schutzen-jager View Post
definitely a complete loss with no way of preventing reinstatement of previous restrictions - N.J. may issue has been has been fought + defeated for decades now , what makes anyone believe it will be any different now ? -
Supreme Court let the appeal of the New Jersey may issue law sit in limbo since last May. Today, that case was distributed for Conference on May 1, and it is possible that the Supreme Court will agree to hear that appeal, which would be the very first time the Supreme Court has taken up that issue.
__________________
Buy American
Vote Responsibly
Reply With Quote
  #25  
Old 04-28-2020, 07:32 AM
schutzen-jager's Avatar
schutzen-jager schutzen-jager is offline
Member
N Y Case to be heard tomorrow N Y Case to be heard tomorrow N Y Case to be heard tomorrow N Y Case to be heard tomorrow N Y Case to be heard tomorrow  
Join Date: Jan 2014
Location: peoples republic of New J
Posts: 609
Likes: 585
Liked 856 Times in 340 Posts
Default reality

judging by attitude by justices on NYC case it will be another go nowhere case - until complete political + government change in this state nothing will change - the NRA + state associations have done nothing but accept donations + provide lip service here - the last thing the state association accomplished was using NJ members money to win a legal case in New Hampshire allowing CCW permits to be issued to out of state residents , so the association president could renew his ! - not one real efforts made here 30 + years since assault weapons ban - other organizations have made more efforts then NRA or state associations - the restrictions signed into law this past fall are an ongoing example of how government + politics work here -
Reply With Quote
The Following User Likes This Post:
  #26  
Old 06-15-2020, 10:37 AM
ladder13 ladder13 is online now
Member
N Y Case to be heard tomorrow N Y Case to be heard tomorrow N Y Case to be heard tomorrow N Y Case to be heard tomorrow N Y Case to be heard tomorrow  
Join Date: Jul 2005
Location: NC
Posts: 30,799
Likes: 58,008
Liked 53,067 Times in 16,550 Posts
Default

Court refuses all 2A cases.


Supreme Court again declines to take up Second Amendment cases - CNNPolitics


Supreme Court will not hear gun cases, blow to 2nd Amendment backers
__________________
Sure you did

Last edited by ladder13; 06-15-2020 at 10:42 AM.
Reply With Quote
The Following User Likes This Post:
  #27  
Old 06-15-2020, 11:25 AM
Jon651 Jon651 is offline
Member
N Y Case to be heard tomorrow N Y Case to be heard tomorrow N Y Case to be heard tomorrow N Y Case to be heard tomorrow N Y Case to be heard tomorrow  
Join Date: Apr 2018
Location: Central Florida
Posts: 1,691
Likes: 1,704
Liked 4,145 Times in 1,286 Posts
Default

Quote:
Originally Posted by robertrwalsh View Post
The possibly very significant case of N Y City Versus New York State Rifle and Pistol Association will be heard by SCOTUS tomorrow. At issue are the idiotic and draconian rules that the NYPD places (placed) on legal premesis handgun permit holders. The city is trying to weasle around a ruling by amending their rules and then declaring the issue is moot. The justices have agreed to hear the case anyway. The U. S. government has taken the official position that the issue is NOT moot because members of the NYSRPA could still attempt claims for damages against the "old" law. Approximately 50 amicus briefs have already been filed with the court in the case. It could be interesting.
I have not been following this case. Are you stating that the NYSRPA is asking for REPARATIONS for something that was done to them under a law that no longer allows those actions? I think they might want to be careful in what they ask for...

I am very cautious when it comes to "The Law of Unintended Consequences"!
Reply With Quote
Reply


Posting Rules
Forum Jump

Similar Threads
Thread Thread Starter Forum Replies Last Post
Landmark 2A case might be heard by Supreme Court richardw 2nd Amendment Forum 38 11-27-2017 12:55 PM
Case pocket knife fans; Does Case still replace or repair broken knives for free? nsl Firearms & Knives: Other Brands & General Gun Topics 6 05-21-2015 01:01 PM
Gun Forfeiture Case Going To Be Heard By U.S. Supreme Court Dennis The B 2nd Amendment Forum 18 03-13-2015 08:32 PM
WITHDRAWN: Case 1994 NKCA Club Knife & Case Stag Junior Scout Thiokol Accessories/Misc - For Sale or Trade 0 10-13-2014 06:14 PM
Good deals at Midway (Hogue grip, Cheap rifle case, pistol case) evnash Smith & Wesson M&P15 Rifles 3 01-30-2010 07:35 PM

Powered by vBadvanced CMPS v3.2.3
smith-wessonforum.com tested by Norton Internet Security smith-wessonforum.com tested by McAfee Internet Security

All times are GMT -4. The time now is 09:56 AM.


Smith-WessonForum.com is not affiliated with Smith & Wesson Holding Corporation (NASDAQ Global Select: SWHC)