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

[ladder13]

Been saying this forever in this forum, and always will. RKBA is plain as it could be.

The Second Amendment’s plain text thus presumptively guarantees petitioners Koch and Nash a right to ‘bear’ arms in public for self-defense,” Thomas wrote.

 

[bushmaster1313]

Been saying this forever in this forum, and always will. RKBA is plain as it could be.

The Second Amendment’s plain text thus presumptively guarantees petitioners Koch and Nash a right to ‘bear’ arms in public for self-defense,” Thomas wrote.

However, it is a rebuttable presumption, meaning the state had its chance to show that its may issue scheme was constitutional.

Here is the full statement from the Court

Today, we decline to adopt that two-part approach. In
keeping with Heller, we hold that when the Second Amendment’s plain text covers an individual’s conduct, the Constitution presumptively protects that conduct. To justify its
regulation, the government may not simply posit that the
regulation promotes an important interest. Rather, the
government must demonstrate that the regulation is consistent with this Nation’s historical tradition of firearm regulation. Only if a firearm regulation is consistent with this
Nation’s historical tradition may a court conclude that the
individual’s conduct falls outside the Second Amendment’s
“unqualified command.” Konigsberg v. State Bar of Cal.,
366 U. S. 36, 50, n. 10 (1961).

Sort of like "May Rebut"

 

[ladder13]

However, it is a rebuttable presumption, meaning the state had its chance to show that its may issue scheme was constitutional.

Here is the full statement from the Court

They didn’t, they couldn’t, case closed, for me.

 

[stansdds]

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

Based on released statements, NYS governor Kathy Hochul and President Biden. I'd like to think this is now a settled case in favor of the 2A and law-abiding firearms owners, but odds are there will future attempts at unconstitutional restrictions.

 

[ladder13]

I will not be deterred.

 

[GaryS]

That appears to be a restatement of what the Court said in Heller. It doesn't change anything.

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.

 

[Borderboss]

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

What's funny is that McConnell didn't push all of Trump's judicial nominees through because he likes Trump. McConnell hates Trump. McConnell did it as a "stick it" to Schumer for him holding up so many of Bush 43's nominees, include a black woman Bush nominated to SCOTUS.

 

[biku324]

For Biku324's edification,

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

Here's the long view - the 2021 homicide rate DID rise to 5.5 per 100,000.

 

[GaryS]

Both are shall issue, try as they did to resist.

It took several supplementary law suits after Heller for the DC Circuit to require them to stop the overly restrictive requirements. A DC Circuit decision that is not reviewed by SCOTUS has the effect of being a SCOTUS decision. It's just an oddity of how the DC Circuit works.

IL has shall issue because the 7th Circuit ordered them to come up with a licensing plan within something like 90 days or IL would become a Constitutional Carry state.

IL declined to appeal to SCOTUS and the legislature came up with a shall issue law. My pet theory is that they were pressured by the may issue states not to bring this to SCOTUS in fear that it would result in a ruling like today's.

That's also why NYC changed their law when that case went to SCOTUS.

Note that the standard IANAL disclaimer applies.

I respectfully beg to differ.

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

 

[WCCPHD]

This ruling will just make the left more determined to take our rights.

The leftist/anti-gun people operate on emotion, not reason. Losing makes them emotional. Emotional people are a danger.

They look at everything as a win/lose situation. They will always try to win and will always try to make those they hold in contempt lose.

As I have said many times before: the anti's are patient. They are determined. They will never stop. Even if they obtain a full firearms ban and confiscation they will not be satisfied. This is because their goal is control, guns are just in the way.

 

[JDBoardman]

Caj and ICS Yoda in particular:
SCOTUS has spoken, and for better or worse, the decision has been made and the opinion handed down. Do we now consider this as big a win for the 2nd as Heller or McDonald and await sweeping changes, or is it just a hohum local issue, and the"carbuncle on the Constitution" still needs to be lanced. Inquiring minds want to know...

 

[Borderboss]

Here's the long view - the 2021 homicide rate DID rise to 5.5 per 100,000.

You guys are arguing a nit. Of course the Democrats will try to blame legal carry. That's because they lie to try to get their way.

 

[sipowicz]

6 of those justices must have ridden the #6 subway line sometime this past year.

 

[Borderboss]

Caj and ICS Yoda in particular:
SCOTUS has spoken, and for better or worse, the decision has been made and the opinion handed down. Do we now consider this as big a win for the 2nd as Heller or McDonald and await sweeping changes, or is it just a hohum local issue, and the"carbuncle on the Constitution" still needs to be lanced. Inquiring minds want to know...

It's easily as big as Heller and McDonald. Or you can see it as an extension of both of them. Either way, this is a huge win for liberty.

Thomas's opinion is what lays the groundwork for what all future federal courts must consider. The Second Amendment isn't like the arguments over the constitutionality of something like abortion. The 2A is actually in the Constitution.

You can see in the dissenting opinion that the only statement they could make is that the majority should have considered what kind of violence might occur in big cities. That my friends would be call legislating from the bench. Perhaps those three should quit SCOTUS and run for Congress.

 

[ladder13]

Justice Thomas wrote a brilliant majority opinion.

 

[ladder13]

6 of those justices must have ridden the #6 subway line sometime this past year.

I rode that train for most of my life.

 

[sigp220.45]

Just face it, Eeyores. This is good news.

 

[sipowicz]

I rode that train for most of my life.

Me too. From Pelham Bay. I lived on City Island

 

[ladder13]

Me too. From Pelham Bay. I lived on City Island

As a youth, St Lawrence or Parkchester. As an adult Westchester Square, or Buhre Ave.

 

[biku324]

Just face it, Eeyores. This is good news.

Indeed. And I am a lifelong Eeyore.