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Link Posted: 1/22/2019 2:39:13 PM EST
[#1]
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Because we no longer tar, feather, and ride politicians out on a rail.

Remember way back when the Senate had voted on Obamacare but the House hadn't? Ben "Cornhusker Kickback" Nelson went home and went to a local pizza joint with his wife. He was booed out of the building. I'm convinced if the boo-ers had strung him up in the street the House would never have voted for Obamacare. It's real easy to say "the worst that happens is you don't get reelected but we have a nice lobbyist job as a consolation" but is a whole other thing when politicians put their literal skin on the line.
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Quoted:NYC says you can't transport your pistol except from your domicile to their seven approved ranges, not even to other states, your upstate home, or to go hunting.
Why is there a government meeting in public that thinks that's reasonable?
Because we no longer tar, feather, and ride politicians out on a rail.

Remember way back when the Senate had voted on Obamacare but the House hadn't? Ben "Cornhusker Kickback" Nelson went home and went to a local pizza joint with his wife. He was booed out of the building. I'm convinced if the boo-ers had strung him up in the street the House would never have voted for Obamacare. It's real easy to say "the worst that happens is you don't get reelected but we have a nice lobbyist job as a consolation" but is a whole other thing when politicians put their literal skin on the line.
Absolutely fucking right.
Link Posted: 1/22/2019 2:41:19 PM EST
[#2]
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They are right to be worried.
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IBT "Roberts will fuck us" underscores/concern trolls.

Kharn
They are right to be worried.
Roberts voted for Heller
Link Posted: 1/22/2019 2:45:01 PM EST
[#3]
I always thought it was federal law that said you can transport your firearm anywhere you are allowed to have it to anywhere else you are allowed to have it. Including through blue liberal fucktard states. I think though that this Nazi bullshit only applies to the NYC licence holders.
Link Posted: 1/22/2019 2:47:34 PM EST
[#4]
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Quoted:
I always thought it was federal law that said you can transport your firearm anywhere you are allowed to have it to anywhere else you are allowed to have it. Including through blue liberal fucktard states. I think though that this Nazi bullshit only applies to the NYC licence holders.
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That's the issue. A NYC PREMISE pistol permit holder is NOT allowed to even possess a pistol outside of the address on their permit.

So NYC will have to start issuing carry permits again. They will try to "restrict" them to only allow target shooting/hunting...but it would still be a carry permit according to NYS law.
Link Posted: 1/22/2019 2:51:38 PM EST
[#5]
Didn't Thomas say he wanted to write the decision on a gun case before he retires?  If this goes our way and Thomas writes the decision I can see strict scrutiny coming out of this case which will be huge.
Link Posted: 1/22/2019 2:53:53 PM EST
[#6]
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Quoted:
NYC says you can't transport your pistol except from your domicile to their seven approved ranges, not even to other states, your upstate home, or to go hunting. The US Supreme Court has agreed to hear the case and weigh in if that is an acceptable restriction within the 2A, the commerce clause of the constitution, and the right to travel.

This is the first major 2A case to reach the merits stage since McDonald in 2010, Caetano had a summary disposition, so if they side with NYSRPA instead of NYC, it would instantly establish precedent across the country for CA, MD, NJ, etc to abide by.

Kharn
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Cliff notes?
NYC says you can't transport your pistol except from your domicile to their seven approved ranges, not even to other states, your upstate home, or to go hunting. The US Supreme Court has agreed to hear the case and weigh in if that is an acceptable restriction within the 2A, the commerce clause of the constitution, and the right to travel.

This is the first major 2A case to reach the merits stage since McDonald in 2010, Caetano had a summary disposition, so if they side with NYSRPA instead of NYC, it would instantly establish precedent across the country for CA, MD, NJ, etc to abide by.

Kharn
Jesus Christ. How can rights get so stripped away like this in a state.
Link Posted: 1/22/2019 2:55:28 PM EST
[#7]
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Quoted:
NYC says you can't transport your pistol except from your domicile to their seven approved ranges, not even to other states, your upstate home, or to go hunting. The US Supreme Court has agreed to hear the case and weigh in if that is an acceptable restriction within the 2A, the commerce clause of the constitution, and the right to travel.

This is the first major 2A case to reach the merits stage since McDonald in 2010, Caetano had a summary disposition, so if they side with NYSRPA instead of NYC, it would instantly establish precedent across the country for CA, MD, NJ, etc to abide by.

Kharn
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Cliff notes?
NYC says you can't transport your pistol except from your domicile to their seven approved ranges, not even to other states, your upstate home, or to go hunting. The US Supreme Court has agreed to hear the case and weigh in if that is an acceptable restriction within the 2A, the commerce clause of the constitution, and the right to travel.

This is the first major 2A case to reach the merits stage since McDonald in 2010, Caetano had a summary disposition, so if they side with NYSRPA instead of NYC, it would instantly establish precedent across the country for CA, MD, NJ, etc to abide by.

Kharn
Thats some fucked up law
Link Posted: 1/22/2019 2:56:55 PM EST
[#8]
I hope New York shity loses bigly.
Link Posted: 1/22/2019 2:57:28 PM EST
[#9]
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Roberts voted for Heller
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Yes, but later held ACA constitutional. He's also made some goofball remarks responding to Trump. He might have flipped.
Link Posted: 1/22/2019 2:58:20 PM EST
[#10]
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A guy at the Nassau permit office told my buddy not to think the "I belong to a 24 hr. range" story will work.
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Sure, the future of your carry permit may be in doubt depending on the mood of your authority person, but they still can't arrest you for carrying if you have the permit.
Any restrictions on a NYS carry permit are purely administrative.
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Yeah that's what the guy meant, he'd lose his permit and his pistols.

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When they lose, NYC will HAVE start issuing CARRY/Target/Hunting licenses again...which according to NYS law, allow full carry.
The NYPD is going to cry hard.
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They'll just add the administrative restriction like the Long Island counties do and revoke the permit/confiscate the guns of anyone caught carrying.
Link Posted: 1/22/2019 3:01:24 PM EST
[#11]
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Quoted:
That's the issue. A NYC PREMISE pistol permit holder is NOT allowed to even possess a pistol outside of the address on their permit.

So NYC will have to start issuing carry permits again. They will try to "restrict" them to only allow target shooting/hunting...but it would still be a carry permit according to NYS law.
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I always thought it was federal law that said you can transport your firearm anywhere you are allowed to have it to anywhere else you are allowed to have it. Including through blue liberal fucktard states. I think though that this Nazi bullshit only applies to the NYC licence holders.
That's the issue. A NYC PREMISE pistol permit holder is NOT allowed to even possess a pistol outside of the address on their permit.

So NYC will have to start issuing carry permits again. They will try to "restrict" them to only allow target shooting/hunting...but it would still be a carry permit according to NYS law.
NO, Dave. NYC won't have to do anything.
Hopefully SCOTUS makes the right call and declares NYC's restrictions unconstitutional, then it'll be like in DC when Heller came down. NYC will get to decide what they're going to do about the ruling. They'll probably enact some form of premise + transport permit that won't go anywhere close to being a carry permit. NYS will probably go along with it. Or change NYS law to accommodate what their masters in NYC want.
Link Posted: 1/22/2019 3:02:16 PM EST
[#12]
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Quoted:
Thats some fucked up law
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Cliff notes?
NYC says you can't transport your pistol except from your domicile to their seven approved ranges, not even to other states, your upstate home, or to go hunting. The US Supreme Court has agreed to hear the case and weigh in if that is an acceptable restriction within the 2A, the commerce clause of the constitution, and the right to travel.

This is the first major 2A case to reach the merits stage since McDonald in 2010, Caetano had a summary disposition, so if they side with NYSRPA instead of NYC, it would instantly establish precedent across the country for CA, MD, NJ, etc to abide by.

Kharn
Thats some fucked up law
That’s not all, membership at the approved ranges each cost around $300 a year. That’s on top of the hundreds of dollars you spend every 3 years for the permit recertifications.
Link Posted: 1/22/2019 3:06:05 PM EST
[#13]
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Quoted:
Yeah that's what the guy meant, he'd lose his permit and his pistols.

They'll just add the administrative restriction like the Long Island counties do and revoke the permit/confiscate the guns of anyone caught carrying.
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A guy at the Nassau permit office told my buddy not to think the "I belong to a 24 hr. range" story will work.
Sure, the future of your carry permit may be in doubt depending on the mood of your authority person, but they still can't arrest you for carrying if you have the permit.
Any restrictions on a NYS carry permit are purely administrative.
Yeah that's what the guy meant, he'd lose his permit and his pistols.

Quoted:
When they lose, NYC will HAVE start issuing CARRY/Target/Hunting licenses again...which according to NYS law, allow full carry.
The NYPD is going to cry hard.
They'll just add the administrative restriction like the Long Island counties do and revoke the permit/confiscate the guns of anyone caught carrying.
But it won't be ILLEGAL to carry with a restricted permit. Which is a good first step.
Link Posted: 1/22/2019 3:07:56 PM EST
[#14]
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NO, Dave. NYC won't have to do anything.
Hopefully SCOTUS makes the right call and declares NYC's restrictions unconstitutional, then it'll be like in DC when Heller came down. NYC will get to decide what they're going to do about the ruling. They'll probably enact some form of premise + transport permit that won't go anywhere close to being a carry permit. NYS will probably go along with it. Or change NYS law to accommodate what their masters in NYC want.
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I always thought it was federal law that said you can transport your firearm anywhere you are allowed to have it to anywhere else you are allowed to have it. Including through blue liberal fucktard states. I think though that this Nazi bullshit only applies to the NYC licence holders.
That's the issue. A NYC PREMISE pistol permit holder is NOT allowed to even possess a pistol outside of the address on their permit.

So NYC will have to start issuing carry permits again. They will try to "restrict" them to only allow target shooting/hunting...but it would still be a carry permit according to NYS law.
NO, Dave. NYC won't have to do anything.
Hopefully SCOTUS makes the right call and declares NYC's restrictions unconstitutional, then it'll be like in DC when Heller came down. NYC will get to decide what they're going to do about the ruling. They'll probably enact some form of premise + transport permit that won't go anywhere close to being a carry permit. NYS will probably go along with it. Or change NYS law to accommodate what their masters in NYC want.
They will try to enact a Premise permit with a "transport" authorization of some kind, I agree...but it will still be illegal for them per NYS law.

NY either has a CARRY permit...or a PREMISE only permit. No in between.
Link Posted: 1/22/2019 3:09:58 PM EST
[#15]
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Yeah that's what the guy meant, he'd lose his permit and his pistols.

They'll just add the administrative restriction like the Long Island counties do and revoke the permit/confiscate the guns of anyone caught carrying.
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The administrative restrictions on Long Island are unconstitutional as well. Maybe someday...
Link Posted: 1/22/2019 3:12:09 PM EST
[#16]
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If that's true that's amazing. California has nothing close to that nonsense (yet).
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Assuming a positive outcome this could be a big win for people in NJ. While the transportation rules aren't as bad as NYC they are very restrictive as well. In NJ it is a crime to take a handgun from your home to a hotel, friends house, or vacation home for example.
If that's true that's amazing. California has nothing close to that nonsense (yet).
Almost there for registered assault weapons. But the requirements for handguns are much more relaxed and I'm even sure there are any for legally owned NFA stuff other than "concealable weapons" (treated like handguns).

NY and NJ are probably the most oppressive States when it comes to gun controul. Seems like WA wants to catch up.
Link Posted: 1/22/2019 3:13:01 PM EST
[#17]
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Didn't a guy get arrested for stopping for gas in his way home from the range recently? I could literally see cops staking out ranges to bust people and take their handguns under that law.
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The law in NJ was written to now allow "Reasonable deviations" in trips to and from firearm use.
Link Posted: 1/22/2019 3:17:02 PM EST
[#18]
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They will try to enact a Premise permit with a "transport" authorization of some kind, I agree...but it will still be illegal for them per NYS law.

NY either has a CARRY permit...or a PREMISE only permit. No in between.
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I always thought it was federal law that said you can transport your firearm anywhere you are allowed to have it to anywhere else you are allowed to have it. Including through blue liberal fucktard states. I think though that this Nazi bullshit only applies to the NYC licence holders.
That's the issue. A NYC PREMISE pistol permit holder is NOT allowed to even possess a pistol outside of the address on their permit.

So NYC will have to start issuing carry permits again. They will try to "restrict" them to only allow target shooting/hunting...but it would still be a carry permit according to NYS law.
NO, Dave. NYC won't have to do anything.
Hopefully SCOTUS makes the right call and declares NYC's restrictions unconstitutional, then it'll be like in DC when Heller came down. NYC will get to decide what they're going to do about the ruling. They'll probably enact some form of premise + transport permit that won't go anywhere close to being a carry permit. NYS will probably go along with it. Or change NYS law to accommodate what their masters in NYC want.
They will try to enact a Premise permit with a "transport" authorization of some kind, I agree...but it will still be illegal for them per NYS law.

NY either has a CARRY permit...or a PREMISE only permit. No in between.
I haven't read the cert. petition, but I'd guess the best result will be SCOTUS saying you don't need a permit to have a gun in your home or transport it locked & unloaded. (see Heller)
Again, NYC won't have to do anything, other than make a new law restricting your rights, and I'm certain they won't be issuing carry permits to anyone who asks for one.

Edit: I was being too optimistic. SCOTUS will simply say, at best, that NYC's permit regulations aren't constitutional. Go fix them.
Link Posted: 1/22/2019 3:17:58 PM EST
[#19]
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The law in NJ was written to now allow "Reasonable deviations" in trips to and from firearm use.
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Didn't a guy get arrested for stopping for gas in his way home from the range recently? I could literally see cops staking out ranges to bust people and take their handguns under that law.
The law in NJ was written to now allow "Reasonable deviations" in trips to and from firearm use.
It was always in the law, however there is no definition of what constitutes a "reasonable deviation". Is it reasonable to stop for gas if you technically still have barely enough to get home? That's up for the judge and jury to decide.

The attorney general of NJ issued a letter addressing this concern a few years ago: https://www.state.nj.us/oag/dcj/agguide/transporting-firearms_guide.pdf
It provides a good glimpse into the absurdity gun owners in NJ have to deal with.
Link Posted: 1/22/2019 3:27:31 PM EST
[#20]
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Well, you can shoot them on BLM land. That wasn't the case under the Clinton administration, but Bush changed it.

AWs have to be locked up separate from their ammo during transport. Basically the same rules apply to AWs that apply to handguns.
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Actually, the rules are stricter than that. There are limits to where you can transport your guns (FFL/gunsmith with AW permit, places where they can legally be shot, etc.) and it is illegal to make unnecessary stops (no stopping for food with your AWs in the car). I forget if violating these rules are a felony, misdemeanour, or wobbler.
Link Posted: 1/22/2019 3:28:40 PM EST
[#21]
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I haven't read the cert. petition, but I'd guess the best result will be SCOTUS saying you don't need a permit to have a gun in your home or transport it locked & unloaded. (see Heller)
Again, NYC won't have to do anything, other than make a new law restricting your rights, and I'm certain they won't be issuing carry permits to anyone who asks for one.
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I always thought it was federal law that said you can transport your firearm anywhere you are allowed to have it to anywhere else you are allowed to have it. Including through blue liberal fucktard states. I think though that this Nazi bullshit only applies to the NYC licence holders.
That's the issue. A NYC PREMISE pistol permit holder is NOT allowed to even possess a pistol outside of the address on their permit.

So NYC will have to start issuing carry permits again. They will try to "restrict" them to only allow target shooting/hunting...but it would still be a carry permit according to NYS law.
NO, Dave. NYC won't have to do anything.
Hopefully SCOTUS makes the right call and declares NYC's restrictions unconstitutional, then it'll be like in DC when Heller came down. NYC will get to decide what they're going to do about the ruling. They'll probably enact some form of premise + transport permit that won't go anywhere close to being a carry permit. NYS will probably go along with it. Or change NYS law to accommodate what their masters in NYC want.
They will try to enact a Premise permit with a "transport" authorization of some kind, I agree...but it will still be illegal for them per NYS law.

NY either has a CARRY permit...or a PREMISE only permit. No in between.
I haven't read the cert. petition, but I'd guess the best result will be SCOTUS saying you don't need a permit to have a gun in your home or transport it locked & unloaded. (see Heller)
Again, NYC won't have to do anything, other than make a new law restricting your rights, and I'm certain they won't be issuing carry permits to anyone who asks for one.
I agree the will try...but all these years, the NYPD has stated (and argued in documented court cases) that they CAN'T allow premise holders to leave NYC with handguns because they are PREMISE permits, and premise permits don't allow transport per NYS law.

So using their own argument over the past 30 years, the only way they can abide by a SCOTUS smack down is to issue target/hunting/sportsman/transport pistol permits, which are legally still full carry permits.
Link Posted: 1/22/2019 3:29:07 PM EST
[#22]
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Jesus Christ. How can rights get so stripped away like this in a state.
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Cliff notes?
NYC says you can't transport your pistol except from your domicile to their seven approved ranges, not even to other states, your upstate home, or to go hunting. The US Supreme Court has agreed to hear the case and weigh in if that is an acceptable restriction within the 2A, the commerce clause of the constitution, and the right to travel.

This is the first major 2A case to reach the merits stage since McDonald in 2010, Caetano had a summary disposition, so if they side with NYSRPA instead of NYC, it would instantly establish precedent across the country for CA, MD, NJ, etc to abide by.

Kharn
Jesus Christ. How can rights get so stripped away like this in a state.
NYC is an alternate universe, located within a state.
Link Posted: 1/22/2019 3:29:32 PM EST
[#23]
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Yep, and RBG will surface to join him.

How does the 86 FOPA (Firearms Owners Protection Act) not negate this BS NYC law right out of the box. Part of the law was to protect us when moving our firearms from place to place as long as where they started and ended was legal.
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I'm pretty sure that FOPA only covers people from one State merely traveling through another State, not general intrastate transport by a State's own residents.
Link Posted: 1/22/2019 3:33:26 PM EST
[#24]
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This needs to be stressed more in this thread. If SCOTUS comes back with a decision that all 2A cases must be reviewed with strict scrutiny, it could result in blowing just about every firearms restriction (AWBs, may-issue permits, magazine capacity limits, etc) out of the water. It could quite literally be an instant death sentence to the anti-gun agenda
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Probably more important that Heller, as Heller has been basically ignored.

This would give Heller some teeth, strict scrutiny is the highest standard of review. A SC ruling applying strict Constitutional scrutiny to anything related to the 2A could open the door to national reciprocity, Constitutional carry, rolling back the NFA, etc...
This needs to be stressed more in this thread. If SCOTUS comes back with a decision that all 2A cases must be reviewed with strict scrutiny, it could result in blowing just about every firearms restriction (AWBs, may-issue permits, magazine capacity limits, etc) out of the water. It could quite literally be an instant death sentence to the anti-gun agenda
I really wish that the court would just throw out all of this "levels of scrutiny" nonsense. It was something the court created to give itself a pass to rule constitutional that which it could not using the more traditional method.

One of the district judges here called out the scrutiny nonsense for what it was and did his analysis under both the traditional method and the "levels of scrutiny" one (just to cover his bases) in his opinion granting an PI against CA's mag ban.
Link Posted: 1/22/2019 3:39:24 PM EST
[#25]
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I agree the will try...but all these years, the NYPD has stated (and argued in documented court cases) that they CAN'T allow premise holders to leave NYC with handguns because they are PREMISE permits, and premise permits don't allow transport per NYS law.

So using their own argument over the past 30 years, the only way they can abide by a SCOTUS smack down is to issue target/hunting/sportsman/transport pistol permits, which are legally still full carry permits.
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The Court may just say that if you have a premise permit you can transport your firearm (we SCOTUS -- fuck NY state law), but that doesn't mean NYC is going to start issuing (or be forced to issue) carry permits.
Why is that so hard to understand?
Link Posted: 1/22/2019 3:40:19 PM EST
[#26]
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For any honest justice/judge this should be an open and shut case.  Grossly unconstitutional bullshit.

This case will do little to help anyone else.  We need a magazine capacity and an "assault weapon" case.

After ginsburg dies and we get another conservative hopefully we'll get some useful cases.
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Cliff notes?
Challenge to NYC's insane handgun transportation limits
For any honest justice/judge this should be an open and shut case.  Grossly unconstitutional bullshit.

This case will do little to help anyone else.  We need a magazine capacity and an "assault weapon" case.

After ginsburg dies and we get another conservative hopefully we'll get some useful cases.
I suppose so. But these types of restrictions are becoming more common. They're testing the waters in WA and CA. While it won't be as bad as NYC, these types of restrictions are coming to these states. WA via the ballot initiatives.

No idea how this works, but my understanding is you need 5 judges to agree to hear a case. I suppose they are testing the waters with this one. I think this will be an easy win though. Not being able to state them out of state or out of city seems like it would be slapped down easily.
Link Posted: 1/22/2019 3:41:07 PM EST
[#27]
We won't know the outcome until June, right?
Link Posted: 1/22/2019 3:43:09 PM EST
[#28]
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We won't know the outcome until June, right?
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Probably not until Spring 2020 according to Scotusblog.
Link Posted: 1/22/2019 3:43:47 PM EST
[#29]
It's hard to imagine NYC winning this case at SCOTUS.  It would completely destroy any remaining hope I have that the Constitution can be salvaged.  I would not count my chickens too early, though, on this one even with that high degree of confidence.
Link Posted: 1/22/2019 3:44:06 PM EST
[#30]
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The Court may just say that if you have a premise permit you can transport your firearm (we SCOTUS -- fuck NY state law), but that doesn't mean NYC is going to start issuing (or be forced to issue) carry permits.
Why is that so hard to understand?
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I agree the will try...but all these years, the NYPD has stated (and argued in documented court cases) that they CAN'T allow premise holders to leave NYC with handguns because they are PREMISE permits, and premise permits don't allow transport per NYS law.

So using their own argument over the past 30 years, the only way they can abide by a SCOTUS smack down is to issue target/hunting/sportsman/transport pistol permits, which are legally still full carry permits.
The Court may just say that if you have a premise permit you can transport your firearm (we SCOTUS -- fuck NY state law), but that doesn't mean NYC is going to start issuing (or be forced to issue) carry permits.
Why is that so hard to understand?
If SCOTUS says NYC has to allow transport with a premise permit, then NYS has to change NY penal law section 400 to abide, or make a new class of "premise" permit...which isn't going to happen in my opinion (amending NY PL400 law is a serious can of worms and hasn't really changed since 1911 - look up the Sullivan Law). So NYC will be forced to issue the only other kind of NYS pistol permit that exists.

Again I agree with you that they will just make up their own rules again...but if NYC wants to actually follow NYS law properly after this SCOTUS smack down, they have to issue carry permits. They will "restrict" them like some counties in NY do, but it's still a carry permit per NYS law.
Link Posted: 1/22/2019 3:51:10 PM EST
[#31]
Link Posted: 1/22/2019 3:52:45 PM EST
[#32]
Link Posted: 1/22/2019 4:03:10 PM EST
[#33]
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Dems control everything, they can make whatever changes they want to 400 and will probably retaliate by basically ending carry permits for everyone
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If SCOTUS says NYC has to allow transport with a premise permit, then NYS has to change NY penal law section 400 to abide, or make a new class of "premise" permit...which isn't going to happen in my opinion (amending NY PL400 law is a serious can of worms and hasn't really changed since 1911 - look up the Sullivan Law). So NYC will be forced to issue the only other kind of NYS pistol permit that exists.

Again I agree with you that they will just make up their own rules again...but if NYC wants to actually follow NYS law properly after this SCOTUS smack down, they have to issue carry permits. They will "restrict" them like some counties in NY do, but it's still a carry permit per NYS law.
Dems control everything, they can make whatever changes they want to 400 and will probably retaliate by basically ending carry permits for everyone
I doubt NY will take carry permits away from the special people. They're special after all.
But Dave isn't going to become one of those special people just because he has a premise permit.
Link Posted: 1/22/2019 4:12:27 PM EST
[#34]
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I doubt NY will take carry permits away from the special people. They're special after all.
But Dave isn't going to become one of those special people just because he has a premise permit.
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If SCOTUS says NYC has to allow transport with a premise permit, then NYS has to change NY penal law section 400 to abide, or make a new class of "premise" permit...which isn't going to happen in my opinion (amending NY PL400 law is a serious can of worms and hasn't really changed since 1911 - look up the Sullivan Law). So NYC will be forced to issue the only other kind of NYS pistol permit that exists.

Again I agree with you that they will just make up their own rules again...but if NYC wants to actually follow NYS law properly after this SCOTUS smack down, they have to issue carry permits. They will "restrict" them like some counties in NY do, but it's still a carry permit per NYS law.
Dems control everything, they can make whatever changes they want to 400 and will probably retaliate by basically ending carry permits for everyone
I doubt NY will take carry permits away from the special people. They're special after all.
But Dave isn't going to become one of those special people just because he has a premise permit.
I have a full carry permit. Granted it's not a NYC carry permit.
Link Posted: 1/22/2019 4:17:17 PM EST
[#35]
In before we get got by the switch hitter Roberts and the frat boy we just put in.
Link Posted: 1/22/2019 4:18:27 PM EST
[#36]
Discussion ForumsJump to Quoted PostQuote History
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I have a full carry permit. Granted it's not a NYC carry permit.
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If SCOTUS says NYC has to allow transport with a premise permit, then NYS has to change NY penal law section 400 to abide, or make a new class of "premise" permit...which isn't going to happen in my opinion (amending NY PL400 law is a serious can of worms and hasn't really changed since 1911 - look up the Sullivan Law). So NYC will be forced to issue the only other kind of NYS pistol permit that exists.

Again I agree with you that they will just make up their own rules again...but if NYC wants to actually follow NYS law properly after this SCOTUS smack down, they have to issue carry permits. They will "restrict" them like some counties in NY do, but it's still a carry permit per NYS law.
Dems control everything, they can make whatever changes they want to 400 and will probably retaliate by basically ending carry permits for everyone
I doubt NY will take carry permits away from the special people. They're special after all.
But Dave isn't going to become one of those special people just because he has a premise permit.
I have a full carry permit. Granted it's not a NYC carry permit.
Great. This case will probably have no impact on your life, unless the penguin is right, and then you're going to lose your permit.
Link Posted: 1/22/2019 4:18:44 PM EST
[#37]
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The lower court decisions were hilarious "you can practice shooting at ranges in NYC including an NYPD range" I'd love to see some dude show up at that NYPD range with his pistol from his apartment in a little locked pistol case
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I remember that being mentioned in a past thread.
Link Posted: 1/22/2019 4:21:25 PM EST
[#38]
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Great. This case will probably have no impact on your life, unless the penguin is right, and then you're going to lose your permit.
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If SCOTUS says NYC has to allow transport with a premise permit, then NYS has to change NY penal law section 400 to abide, or make a new class of "premise" permit...which isn't going to happen in my opinion (amending NY PL400 law is a serious can of worms and hasn't really changed since 1911 - look up the Sullivan Law). So NYC will be forced to issue the only other kind of NYS pistol permit that exists.

Again I agree with you that they will just make up their own rules again...but if NYC wants to actually follow NYS law properly after this SCOTUS smack down, they have to issue carry permits. They will "restrict" them like some counties in NY do, but it's still a carry permit per NYS law.
Dems control everything, they can make whatever changes they want to 400 and will probably retaliate by basically ending carry permits for everyone
I doubt NY will take carry permits away from the special people. They're special after all.
But Dave isn't going to become one of those special people just because he has a premise permit.
I have a full carry permit. Granted it's not a NYC carry permit.
Great. This case will probably have no impact on your life, unless the penguin is right, and then you're going to lose your permit.
It will impact the rights of 40,000 NYC gun owners. That's good enough for me. Plus I get a special kind of delight from smacking down the NYPD license division. Every one of them is a useless anti gun asshole.

I've fought them myself personally a few times and won. I even got various guns that they wrongly considered "assault weapons" made legal in NYC including the Ares / Fite Lite SCR.

So for me it's a little personal.
Link Posted: 1/22/2019 4:31:40 PM EST
[#39]
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With how the court ruled in Heller and then McDonald , I see NY getting smacked down.  Very limited transportation of a firearm is a severe restriction on a right.

On McDonald they held that the Second Amendment was incorporated under the Fourteenth Amendment thus protecting those rights from infringement by state and local governments.
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New York State Rifle & Pistol Association is the official NRA-affiliated State Association.  I'm sure someone will come along and complain "where is the NRA?" though.

The NRA operates behind the curtain so that local state residents can be front and center.  It reduces the complaints that they have no standing or that it is "entities outside the state trying to control what happens in another state".
And NYSRPA has Paul Clement, the former Solicitor General of the United States, arguing the case. Clement argued for the US in support of Heller, and for the NRA in support of McDonald, along with 60+ other appearances before the court, the most in history.

Kharn
With how the court ruled in Heller and then McDonald , I see NY getting smacked down.  Very limited transportation of a firearm is a severe restriction on a right.

On McDonald they held that the Second Amendment was incorporated under the Fourteenth Amendment thus protecting those rights from infringement by state and local governments.
One thing to remember - none of the commentary by Justice Stephens about influencing Justice Kennedy's vote on the _Heller_ decision makes any mention about Roberts being as easily influenced.  The language the states have been leaning on to justify their continued infringements on the right to keep and bear arms were all required to keep Kennedy's vote.  Just stating the obvious that the right is NOT limited to one's home would be a significant blow to those states and would overrule district court rulings.  Even though nobody can really claim that transporting a handgun in a locked case constitutes "bearing arms", as they are not in a usable configuration that way, but it's still an infringement upon the right to KEEP those arms, and also on freedom of travel.
Link Posted: 1/22/2019 4:35:47 PM EST
[#40]
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Didn't Thomas say he wanted to write the decision on a gun case before he retires?  If this goes our way and Thomas writes the decision I can see strict scrutiny coming out of this case which will be huge.
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Unlikely. Thomas doesn't like the levels of scrutiny analysis in the first place. He thinks a law is either violates the Constitution or it doesn't. Whether a law violates the  Constitution shouldn't depend on which right the law regulates or how important the government's interest is.

As long as we're dreaming, perhaps this is the case where the Court abandons levels of scrutiny analysis AND selective incorporation and returns to the privileges and immunities analysis Thomas has been advocating for.
Link Posted: 1/22/2019 4:39:33 PM EST
[#41]
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Yep, and RBG will surface to join him.

How does the 86 FOPA (Firearms Owners Protection Act) not negate this BS NYC law right out of the box. Part of the law was to protect us when moving our firearms from place to place as long as where they started and ended was legal.
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Hopefully FOPA doesn’t cover this. If it did, the court would cite that as the reason to vacate the lower court ruling, rather than on constitutional grounds.
Link Posted: 1/22/2019 4:39:37 PM EST
[#42]
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One thing to remember - none of the commentary by Justice Stephens about influencing Justice Kennedy's vote on the _Heller_ decision makes any mention about Roberts being as easily influenced.  The language the states have been leaning on to justify their continued infringements on the right to keep and bear arms were all required to keep Kennedy's vote.  Just stating the obvious that the right is NOT limited to one's home would be a significant blow to those states and would overrule district court rulings.  Even though nobody can really claim that transporting a handgun in a locked case constitutes "bearing arms", as they are not in a usable configuration that way, but it's still an infringement upon the right to KEEP those arms, and also on freedom of travel.
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I agree with all of this, but really hope they don't mess it up by leaning too much on the fact that NY requires a permit just to have a gun.
Link Posted: 1/22/2019 5:40:47 PM EST
[#43]
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I agree with all of this, but really hope they don't mess it up by leaning too much on the fact that NY requires a permit just to have a gun.
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One thing to remember - none of the commentary by Justice Stephens about influencing Justice Kennedy's vote on the _Heller_ decision makes any mention about Roberts being as easily influenced.  The language the states have been leaning on to justify their continued infringements on the right to keep and bear arms were all required to keep Kennedy's vote.  Just stating the obvious that the right is NOT limited to one's home would be a significant blow to those states and would overrule district court rulings.  Even though nobody can really claim that transporting a handgun in a locked case constitutes "bearing arms", as they are not in a usable configuration that way, but it's still an infringement upon the right to KEEP those arms, and also on freedom of travel.
I agree with all of this, but really hope they don't mess it up by leaning too much on the fact that NY requires a permit just to have a gun.
The more pro-individual rulings there are, the harder it gets for anti-gun states to justify "may issue" or extremely restrictive permitting schemes.  SCOTUS sets a clear precedent (well, more clear than what was already in _Heller_ that lower courts are ignoring) that the right extends outside the home, then the easy question is: "How can a citizen's exercise of a Constitutional right be limited to his or her state of residency?"  Over forty states have shall issue carry permits or don't require permits at all, with reciprocity with other states, so how can the handful with extremely restrictive carry policies be justified, when they are clearly in the minority of states?  It'll be interesting if NYC tries to justify their "residence only" permits and SCOTUS decides the entire permitting scheme is a de facto infringement and must be removed...
Link Posted: 1/22/2019 5:54:51 PM EST
[#44]
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The Court may just say that if you have a premise permit you can transport your firearm (we SCOTUS -- fuck NY state law), but that doesn't mean NYC is going to start issuing (or be forced to issue) carry permits.
Why is that so hard to understand?
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I agree the will try...but all these years, the NYPD has stated (and argued in documented court cases) that they CAN'T allow premise holders to leave NYC with handguns because they are PREMISE permits, and premise permits don't allow transport per NYS law.

So using their own argument over the past 30 years, the only way they can abide by a SCOTUS smack down is to issue target/hunting/sportsman/transport pistol permits, which are legally still full carry permits.
The Court may just say that if you have a premise permit you can transport your firearm (we SCOTUS -- fuck NY state law), but that doesn't mean NYC is going to start issuing (or be forced to issue) carry permits.
Why is that so hard to understand?
The court could also refer to Ginsburg's definition of "bear arms" from a case that she was letting someone go free as they weren't carrying a gun as charged, that Scalia taunted her with in Heller:

In Muscarello v. United States, 524 U. S. 125 (1998) , in the course of analyzing the meaning of “carries a firearm” in a federal criminal statute, Justice Ginsburg wrote that “[s]urely a most familiar meaning is, as the Constitution’s Second Amendment … indicate[s]: ‘wear, bear, or carry … upon the person or in the clothing or in a pocket, for the purpose … of being armed and ready for offensive or defensive action in a case of conflict with another person.’ ”
Throw that in the majority and tell NYC to issue permits to anyone who can pay a reasonable fee, or go constitutional carry, their choice.

Kharn
Link Posted: 1/22/2019 5:56:47 PM EST
[#45]
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In before we get got by the switch hitter Roberts and the frat boy we just put in.
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That "frat boy" told DC their AWB had its shit all retarded and it talked like a fag.

Kharn
Link Posted: 1/22/2019 5:59:04 PM EST
[#46]
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Didn't Thomas say he wanted to write the decision on a gun case before he retires?  If this goes our way and Thomas writes the decision I can see strict scrutiny coming out of this case which will be huge.
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And then Thomas stepping down and giving Trump another pick to fill the seat.
Link Posted: 1/22/2019 6:02:46 PM EST
[#47]
Can somebody give a guesstimate on how long this will take the Supreme Court to make a decision , NYC needs to be bitch slapped on this outrageous law .
Link Posted: 1/22/2019 6:04:23 PM EST
[#48]
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Jesus Christ. How can rights get so stripped away like this in a state.
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Just wait, you’ll be able to see it on a national level soon.
Link Posted: 1/22/2019 6:05:55 PM EST
[#49]
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Or change NYS law to accommodate what their masters in NYC want.
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This is the most likely scenario.
Link Posted: 1/22/2019 6:09:21 PM EST
[#50]
I wonder what the makeup of USSC will be when the case is heard?
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