NYC transport case -- Supreme Court Punts and Vacates

The court stating the question of mootness will be subject to further consideration and the parties should "be prepared" to discuss it says to me it is not chiseled in stone and could be reversed. Sounds to me like they're on the fence.

Not at all. It's actually appropriate. That's simply a "signal" that they aren't going to indicate they are leaning one way or another ahead of time.
 
Minor Update 10.16.19:

On October 15, 2019 the Supreme Court granted the Motion of the United States to participate in the Oral Argument and denied the Motion of an individual who was not a Party to the underlying case to participate in the Oral Argument.

The United States, in a breath of fresh air, has announced that its purpose is two-fold. A) the United States wants the Supreme Court to protect the fundamental right of individuals to keep and bear arms; and B) the United States wants the Supreme Court to protect the ability of government to enact and enforce gun laws that are consistent with the Constitution. IMHO the stated purpose of the United States in this case is exactly what I want from the Executive Branch in this circumstance.

I think this is good news but I am not holding my breath. I don't like the wording "...protect the ability of government to enact and enforce gun laws that are consistent with the Constitution. " Not sure how laws can be consistent with "shall not be infringed"
 
I think this is good news but I am not holding my breath. I don't like the wording "...protect the ability of government to enact and enforce gun laws that are consistent with the Constitution. " Not sure how laws can be consistent with "shall not be infringed"

Here would be one to begin: "All able bodied males, between the ages of 18-145, and unless registered as a pacifist, are required to own, maintain, and be ready to present, a rifle, appropriate accessories, and ammunition in defense of the Republic as members of the unorganized militia."
 
QUOTE - NRA BACKS THIS CASE
YOUR NRA CONTRIBUTIONS AT WORK! !!!!!!!!!!!!!!!!!!!!!!!!!!!!



just because the NRA states that they are backing it does not mean that they have invested any money , legal aid , or input to the matter - a lot of their expenditures are now going to salaries + administrative expenses -
 
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For example:

A state law requiring that a gun with a trigger pull of less than 2 lbs. cannot be carried loaded in a public place if it does not have a grip-activated safety.

IMHO the above law would pass 2A muster under any level of scrutiny.

While SCOTUS seems to allow this kind of law, IMHO it still violates "shall not be infringed". If the people really wanted various exceptions to the 2nd amendment, then we should adopt a new 2nd amendment. Otherwise, all these laws should be gone.

Sorry for being off topic here.
 
Not dead yet.
1. They could amend their complaint to include damages. (probably an easy win for the petitioners)

2. The court could decide that there's a likelihood that NYC will revert to it's previous bad practices: 'voluntary cessation of a
challenged practice moots a case only if it is "absolutely clear that the allegedly wrongful behavior could not reasonably be expected to recur."'

#2. would be a better act on the Court's part, although it goes against precedent, because it would serve as a warning to other states that want to play NY's games with late repeals of patently unconstitutional statues.
 
Not much chance of getting a PL in NYC, and the fees are exponential compared to the rest of the state.
 
NYC admitted the old law violated the Constitution:

On the merits, text, history, and
tradition all condemn New York's transport ban.
Such bans have been rare and commonly struck
down precisely because the right to keep arms
and keep and bear arms must entail and has
always entailed the ability of a law-abiding
citizen to carry a firearm unloaded and locked
from one lawful place to another.
 

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