bushmaster1313
Member
With no decision from Supreme Court on Wednesday June 15 the earliest date for a decision in the New York State carry permit case is now Tuesday June 21.
The 3 or 4 most anticipated ones ( including the 2A ) will be announced at the last possible moment.
Perhaps to give city officials more time to prepare for riots?
(c) The constitutional right to bear arms in public for self-defense is
not “a second-class right, subject to an entirely different body of rules
than the other Bill of Rights guarantees.” McDonald, 561 U. S., at 780
(plurality opinion). The exercise of other constitutional rights does not
require individuals to demonstrate to government officers some special
need. The Second Amendment right to carry arms in public for selfdefense is no different. New York’s proper-cause requirement violates
the Fourteenth Amendment by preventing law-abiding citizens with
ordinary self-defense needs from exercising their right to keep and
bear arms in public. Pp. 62–63
From the syllabus
(c) The constitutional right to bear arms in public for self-defense is
not “a second-class right, subject to an entirely different body of rules
than the other Bill of Rights guarantees.” McDonald, 561 U. S., at 780
(plurality opinion). The exercise of other constitutional rights does not
require individuals to demonstrate to government officers some special
need. The Second Amendment right to carry arms in public for selfdefense is no different. New York’s proper-cause requirement violates
the Fourteenth Amendment by preventing law-abiding citizens with
ordinary self-defense needs from exercising their right to keep and
bear arms in public. Pp. 62–63
To get the three liberal Justices to vote against the Right to Bear Arms it is enough for NYS to simply argue as follows: "Guns are Bad. NYS can do whatever it wants to keep guns off the street and out of New York City subways." That gives the Anti's three votes. Therefore, the NYS Brief will be aimed at getting two of the Conservative Justices to vote against the Right to Bear Arms.
Chief Justice Roberts is the most likely of the Conservative Justices to be the fourth vote against the Right to Bear Arms. Based on my amateur reading of Justice Roberts' most controversial opinions, it seems to me that his philosophy is to keep the Court out of a political fight and not invalidate a law if it is at all reasonable to conclude that the government has the authority under the Constitution to regulate the conduct at issue. This is not a terrible philosophy because in the first instance it puts the People ahead of the Courts, and if the People are behaving civilly, this is the way it should be. If Justice Roberts believes that it is at all reasonable to conclude that keeping concealed carry guns off the streets and out of the subways is a political and not a Constitutional question he will vote to uphold the NYS law.
On the other hand, it seems to me that the other five Conservative Justices will be inclined to look at the "true" Constitutional issue, namely: The Constitution protects the Right to Bear Arms and the government cannot make this right contingent on a person showing that they have a special need to exercise this right. An analogy would be to ask an accused criminal: "What is so special about YOU and YOUR case that YOU need a lawyer or that YOU need to exercise YOUR right to keep silent."
So I expect a 5-1-3 decision, with 5 justices holding the NYS law is unconstitutional because you cannot make a person prove why he or she needs to exercise a right guaranteed by the Constitution, especially a right that is in the Bill of Rights. Roberts will join part but not all of the majority opinion, and three liberal Justices will join a small part of the Roberts opinion, but otherwise they will complain that guns are so dangerous that states should be able to do whatever is reasonably necessary to keep the number of guns in circulation at a minimum.
Looks like we have a win. The Supreme Court rules against the NY concealed carry gun law in a 6-3 decision, even Roberts voted in favor. This is great news. Right up there with Heller and McDonald and will have repercussions across the country.
This is a huge win for residents of "May Issue" states, but it's not the end of the battle. States such as MA will continue to ignore the Constitution and the Opinions of the Court.
Watch this close our "beloveded" governess Kathy Hockul has said she had plans formulated in case this decision came down on their onerous "common sense gun laws". Sounds like she has a plan similar to when the Heller decision first came down.
there will be such onerous training requirements and so many restricted " sensitive" places where you cannot carry that it won't be worth it having a shall issue concealed carry permit.
Watch this close our "beloveded" governess Kathy Hockul has said she had plans formulated in case this decision came down on their onerous "common sense gun laws". Sounds like she has a plan similar to when the Heller decision first came down.
there will be such onerous training requirements and so many restricted " sensitive" places where you cannot carry that it won't be worth it having a shall issue concealed carry permit.
Lee Zeldin may differ