User Panel
Posted: 1/22/2019 9:55:28 AM EST
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Just saw that, can’t wait to see NYC get their dicks slapped by the Supreme Court.
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Cliff notes? View Quote 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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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. Kharn View Quote |
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Challenge to NYC's insane handgun transportation limits View Quote View All Quotes View All Quotes 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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On one hand, I can see how this is complete horseshit. If you can't even take it to property you own - how the fuck are you supposed to leave NYC?
On the other hand - I can also see how they could rule that "since you can't take a pistol into a post office, this shit is all legal" |
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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.
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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 View Quote |
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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. View Quote |
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This is good news. It’s going to be tough waiting until October.
Not sure how a win helps those in other states though. |
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Me either....I saw NYC and thought oh their AWB/mag limit bullshit but no not even close. Damn those states are bad... good this is a thing I guess, but seems like crumbs compared to how much of the pie that still remains. View Quote View All Quotes View All Quotes |
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Wow! I didn't expect that at all. I figured for sure that SCOTUS would let NYC just keep jerking gun owners around.
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This is good news. It’s going to be tough waiting until October. Not sure how a win helps those in other states though. View Quote This will be a dickslapping for most communist states that have bullshit laws like this. I can't wait. |
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SCOTUS is going to decide whether or not it's constitutional for NYC to have extremely strict limits on where you can transport a legally owned handgun View Quote View All Quotes View All Quotes |
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You can find a link to the Petition for Cert here: https://www.scotusblog.com/case-files/cases/new-york-state-rifle-pistol-association-inc-v-city-of-new-york-new-york/
Here is the Question Presented: QUESTION PRESENTED New York City prohibits its residents from possessing a handgun without a license, and the only license the City makes available to most residents allows its holder to possess her handgun only in her home or en route to one of seven shooting ranges within the city. The City thus bans its residents from transporting a handgun to any place outside city limits—even if the handgun is unloaded and locked in a container separate from its ammunition, and even if the owner seeks to transport it only to a second home for the core constitutionally protected purpose of self- defense, or to a more convenient out-of-city shooting range to hone its safe and effective use. The City asserts that its transport ban promotes public safety by limiting the presence of handguns on city streets. But the City put forth no empirical evidence that transporting an unloaded handgun, locked in a container separate from its ammunition, poses a meaningful risk to public safety. Moreover, even if there were such a risk, the City’s restriction poses greater safety risks by encouraging residents who are leaving town to leave their handguns behind in vacant homes, and it serves only to increase the frequency of handgun transport within city limits by forcing many residents to use an in-city range rather than more convenient ranges elsewhere. The question presented is: Whether the City’s ban on transporting a licensed, locked, and unloaded handgun to a home or shooting range outside city limits is consistent with the Second Amendment, the Commerce Clause, and the constitutional right to travel. |
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See right above your post about NJ's bizarre restrictions on travel. You can't stop even for gas, food, etc. and have to drive directly from your residence to the range and right back. This will be a dickslapping for most communist states that have bullshit laws like this. I can't wait. View Quote View All Quotes View All Quotes Quoted:
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This is good news. It’s going to be tough waiting until October. Not sure how a win helps those in other states though. This will be a dickslapping for most communist states that have bullshit laws like this. I can't wait. |
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Thank you. Hopefully the SC rips them a new one for that unconstitutional BS View Quote View All Quotes View All Quotes Quoted:
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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. Kharn |
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I'm surprised the USSC took a gun case...maybe ginsburg is dead.
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I feel this is going to go 7-2. Clearly not just a 2nd Amendment violation.
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How far reaching could this be?
Could it rule that all restrictions on transport and where you can go are unconstitutional? Could it prohibit private business from being “no guns allowed” areas? How about federal facilities? Could it even touch how you transport, and allow constitutional concealed and open carry? |
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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 View Quote |
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I wouldn't count on that. If the Supremes rule that the law stands, California will take notice. View Quote View All Quotes View All Quotes Quoted:
Quoted: Surprisingly, California doesn't have any such restrictions for transporting handguns. So I guess no change here. Few states have rules against transportation in that way |
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I wonder if this is the case where Thomas forces his "conservative" cohorts to pick a standard of review for second amendment rights.
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How far reaching could this be? Could it rule that all restrictions on transport and where you can go are unconstitutional?? View Quote A win would only mean you have a constitutional right to transport an unloaded handgun in a locked container seperate from its ammunition. That is the question before the court. |
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Quoted: A majority opinion in this case stating that 2a rights apply not only inside ones home (already established in Heller) but in public as well would be a huge win for us. We'll be much better positioned for future challenges to restrictive CCW laws. View Quote This will not be seen as a self defense issue, but hopefully it is. |
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This is good news. It’s going to be tough waiting until October. Not sure how a win helps those in other states though. View Quote A rather well-informed lawyer on TTAG (who correctly called the cert grant for this particular case, last year) theorizes that the decision will be a narrow one, but will apply blanket "strict scrutiny" to 2A cases. Many lower court decisions on 2A restrictions won't stand up to the higher level of scrutiny, and will have to be reversed. |
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With Nunn vs Georgia, I don't understand how this is even an argument.
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@StevenH A rather well-informed lawyer on TTAG (who correctly called the cert grant for this particular case, last year) theorizes that the decision will be a narrow one, but will apply blanket "strict scrutiny" to 2A cases. Many lower court decisions on 2A restrictions won't stand up to the higher level of scrutiny, and will have to be reversed. View Quote View All Quotes View All Quotes Quoted:
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This is good news. It’s going to be tough waiting until October. Not sure how a win helps those in other states though. A rather well-informed lawyer on TTAG (who correctly called the cert grant for this particular case, last year) theorizes that the decision will be a narrow one, but will apply blanket "strict scrutiny" to 2A cases. Many lower court decisions on 2A restrictions won't stand up to the higher level of scrutiny, and will have to be reversed. |
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Surprisingly, California doesn’t have any such restrictions for transporting handguns. So I guess no change here. View Quote View All Quotes View All Quotes Quoted:
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This is good news. It’s going to be tough waiting until October. Not sure how a win helps those in other states though. This will be a dickslapping for most communist states that have bullshit laws like this. I can't wait. A victory may at least prevent CA from enacting such laws so there is that. But as others have said, a loss may embolden some states to enact laws like NYCs. |
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A majority opinion in this case stating that 2a rights apply not only inside ones home (already established in Heller) but in public as well would be a huge win for us. We'll be much better positioned for future challenges to restrictive CCW laws. View Quote View All Quotes View All Quotes Quoted:
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I had no idea states limited such things... Damn those states are bad... good this is a thing I guess, but seems like crumbs compared to how much of the pie that still remains. |
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