Supreme Court refuses to dismiss New York State Rifle & Pistol Association v. City of New York.....

[SPM]

..... even after the city scrambled to change the ordinances in question in a blatant attempt to deny the Plaintiffs standing.

This has the potential to be a landmark decision and undermining all kinds of gun control countrywide.

I for one hope that the SCOTUS shoves it down DeBlasio's, Cuomo's, and Bloomberg's throats.

https://www.washingtonexaminer.com/...hts-case-on-docket-despite-citys-rules-change

 

[IronBow]

I can only hope we will get something out of it, and that’s why they won’t dismiss. If it were a state case, I’d say maybe incorporation.

Dare I dream that they try out strict scrutiny on this one?

No wait - 2a applies outside the home? Nationwide concealed and open carry overnight.

Naa. Probably just going to be a lukewarm reinforcement of FOPA.

 

[Average Joe]

SCOTUS has the opportunity to better define individual rights with this case. I don't speculate what they will do anymore, guess time will tell.

 

[georgel]

Someone in another thread said this was going to be pay back for the Dems threatening the court.

 

[JimP42]

Someone in another thread said this was going to be pay back for the Dems threatening the court.

I hope so. Especially if they can put something in the decision about about the right and responsibility of the court to make their decisions without pressure from the other branches, to make sure the Dims know it.

 

[gc70]

I can only hope we will get something out of it, and that’s why they won’t dismiss. If it were a state case, I’d say maybe incorporation.

Dare I dream that they try out strict scrutiny on this one?

No wait - 2a applies outside the home? Nationwide concealed and open carry overnight.

Naa. Probably just going to be a lukewarm reinforcement of FOPA.

We already have incorporation (McDonald v Chicago).

The Petitioners' (NYSRPA and individuals who sued NYC) Response on Mootness is a long (39 pages) but excellent discussion of why the small changes to the offensive laws will not allow the City and State of New York to escape a review and ruling on the case by the Supreme Court.

The amicus brief by the United States (yes, the US Justice Department is on our side in this case) succinctly lists what is at stake in the QUESTIONS PRESENTED, which is basically getting the 2A firmly and fully outside the home.

1. Whether New York City’s ban on transporting a handgun to a home or a shooting range outside the City violates the right to keep and bear arms guaranteed by the Second and Fourteenth Amendments. (YES)
2. Whether New York City’s ban on transporting a handgun to a shooting range outside the State violates the dormant Commerce Clause. (YES)
3. Whether New York City’s ban on transporting a handgun to a shooting range outside the State violates the right to travel. (NO)

The brief also tears the Second Circuit a new rectal orifice describing (starting on page 28) how that court ignored the Supreme Court's ruling in Heller and the horrible way that court used what it called intermediate scrutiny.

The case specifically does not challenge New York's concealed carry laws nor is any claim made under FOPA. The NYSRPA and individual litigants did not muddy the water with every possible claim; they kept their case simple and focused.

The biggest potential outcome is not just getting the 2A out of the home, but the possibility the Supreme Court will give the lower courts instructions on how to apply scrutiny to 2A cases.

All major case documents are available on the Supreme Court's website.

 

[DrSideways]

This is just another chance for Roberts to screw the American public.