New York has frozen over-New York's May Issue for Good Cause violates 2A

[robertrwalsh]

This is definitely a blow struck for freedom and individual liberty. That being said I would bet money that New York, California and Hawaii especially will slow-drag, obfuscate and pile on "reasonable restrictions" add infinitum until a follow-up ruling, with money damages, forces them to do otherwise. CA has huge budget surplus this year and the God-Emperor of California, Gavin Newsom, HATES guns and hates gun owners. He will be happy to spend some of that money to pee on the parade and to make himself the next Presidential nominee for the Democrat-Socialist party.

 

[Borderboss]

I respectfully beg to differ.

D.C. and Illinois now have may issue carry because of Appeals court decisions. Now we have the Supreme Court on our side.

No, Illinois is a "shall issue" state. Always has been after they lost their suit and were required to come up with a CCW. They didn't even bother to try a "may issue" because it would be a loser.

 

[Borderboss]

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.

It depends on how you look at it. When Illinois finally passed a CCW law, it was "shall issue". Sure, they added a bunch of places you can't carry such as parks, the public transportation system, etc. But who in their right mind pays attention to those restrictions? Really, I'm more than happy to be the guy that challenges that in federal court. It's a loser for the same reason that "may issue" is a loser.

As to training, you're right. Illinois requires 16 hours every five years, more than any other state. While I don't like that on principle, the people I see in those classes are such lousy shots that I'm almost glad that they have to shoot the course to get their CCW.

 

[otis24]

Let Freedom Ring!!!!!

 

[ladder13]

Decision here
https://www.supremecourt.gov/opinions/21pdf/20-843_7j80.pdf

Language from syllabus:



With all due humility, I had this pegged last August

http://smith-wessonforum.com/141233927-post9.html

From my post last August

From the makeup of the court it was going 5-4 or 6-3 in favor. Elections have consequences.

 

[GaryS]

Even after Heller, MA refused to allow civilians to possess and carry Tasers, even if they held a CCW permit. It took an order from SCOTUS on an appeal of a felony conviction to change that. That was within the past 5 or so years, so well after Heller.

I expect your state will be like mine and resist as much as possible.

ETA: Am I the only one who reads Justice Thomas' opinion rejecting intermediate scrutiny as a stinging rebuke of the actions of lower federal courts?

They will
But let them try
Permit applicants who are now wrongly denied will have an action in Federal Court against the permit denying agency and will get their attorneys fees when they win.

IMHO, persons in government in the anti-states who band together to prevent the issue of carry permits will be personally liable for violation of civil rights under color of law and for criminal conspiracy to violate civil rights.

 

[SAFireman]

The devil is serving Blue Bell in Hades right about now

 

[ladder13]

So NY is going Shall Issue? Who has a problem with that?

 

[dockmurgw]

Gun owners across the country owe a debt of gratitude to NEW YORK GUN OWNERS!!!

 

[Beemerguy53]

This will have ramifications in several states with restrictive gun laws. Good to see.

My state of Maryland is one of those which should be affected by this ruling. In order to get a carry permit here, you have to demonstrate a "good and substantial reason" why you need to carry a concealed weapon. If you carry cash, can document a history of threats being made against you, etc., etc., you might be able to get a permit. If you simply want to be able to defend yourself when you're out in public, you're out of luck. It's highly discriminatory and discretionary, and makes no sense.

There are heads exploding in Annapolis right now...

 

[bushmaster1313]

No, Illinois is a "shall issue" state. Always has been after they lost their suit and were required to come up with a CCW. They didn't even bother to try a "may issue" because it would be a loser.

You are correct
I had a typo in my excitement
Illinois and DC are very much shall issue because of the Appeals Court decisions

 

[biku324]

Pay attention, folks - NYC has one of the very lowest homicide rates of any major US city, usually between 2.7 and 3.5 per 100,000 population. Guess what will get blamed if it suddenly goes substantially up?

 

[vt_shooter]

I predict we'll see armed robberies and assaults go down in the hitherto mostly legal-gun free cities as the risk factor goes up for criminals.

 

[delcrossv]

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.

Don't think so. Thomas covered that:

"And they likewise appear to contain only “narrow, objective, and definite standards” guiding licensing officials, Shuttlesworth v. Birmingham, 394 U. S. 147, 151 (1969), rather than requiring the “appraisal of facts, the exercise of judgment, and the formation of an opinion,” Cantwell v. Connecticut, 310 U. S. 296, 305 (1940)—features that typify proper-cause standards like New York’s. 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. "

 

[HeyJoe]

So NY is going Shall Issue? Who has a problem with that?

I am for the first part of the decision, striking down may issue, however, the second part of the decision going into allowing restrictions in "sensitive" places was not part of the case and will muddy the waters and allow the formerly may issue states to severely restrict carry rights. Much as in the Heller decision, Scalia going into reasonable restrictions being permitted still, when reasonable restrictions were not part of the case has led to a decade of lower court decisions limiting, carry outside the home, capacity restrictions . etc being upheld.

 

[GaryS]

For Biku324's edification,

NYC murders in 2021 to near 500 for first time in a decade

Finally, the Court makes it clear that the Second Amendment is not a second class right.

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). We know of no other constitutional right that an individual may exercise only after demonstrating to government officers some special need. That is not how the First Amendment works when it comes to unpopular speech or the free exercise of religion. It is not how the Sixth Amendment works when it comes to a defendant’s right to confront the witnesses against him. And it is not how the Second Amendment works when it comes to public carry for self defense.

 

[edwardyoung]

Kevin thank you. I just picked up the news from CNN, and was going to Post it hear.

Gun owners across the country owe a debt of gratitude to NEW YORK GUN OWNERS!!!

To Trump, also. As happy as I was with most everything Trump did in office, his most enduring achievement was his Judiciary appointments. Along with Mitch McConnell, whoever he really is

 

[ladder13]

Oh, and HAPPY BIRTHDAY today to Clarence Thomas.

 

[RCL-09]

For Biku324's edification,

NYC murders in 2021 to near 500 for first time in a decade

They have seen a large increase (5.4/100K) but still are under the national rate (6.9/100K).

They were sub 4/100k for several years 2015-2020

 

[ACORN]

Thank you, President Trump!