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New York State Rifle & Pistol Association v. The City of New York: Is there a thread on this?


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#1 ChicagoRonin70

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Posted 06 November 2018 - 04:40 PM

I couldn't find a thread on the case discussed here:

 

NRA-Supported Case Could Soon be Taken Up by the US Supreme Court

 

This is about New York State Rifle & Pistol Association v. The City of New York 

 

The article is from Ammoland, and the intro is extremely astute:

 

Fairfax, VA – -(Ammoland.com)- What if you lived in a major metropolitan area that said you were free to practice the religion of your choice while within its jurisdiction, but in order to worship outside of that jurisdiction, you were required to first ask permission? And what if that permission was rarely granted? Would you feel like your right to exercise the religion of your choice is still protected?

Now imagine you are a newspaper publisher in that same city. You are allowed to distribute your articles within that jurisdiction without any restrictions against editorial content, but if you want to send any copies outside the boundaries of the city, each issue must be submitted for review by city officials who may or may not deem it suitable to be read outside the confines of their control. Is that still free speech and a free press?

The vast majority of Americans would consider such regulations on religion or speech to be completely antithetical to what our Founding Fathers had in mind when they wrote the First Amendment. And they would be correct.

 

"A well educated Media, being necessary for the preservation of a free State, the right of the people to keep and read books, shall not be infringed."

 

"A well regulated Militia, being necessary for the security of a free State, the right of the people to keep and bear arms, shall not be infringed."

 

“One can never underestimate the idiocy of those determined to be offended by things that don't affect their real lives in the slightest.” —Me
 
“Hatred is the sharpest sword; the desire for peace is armor made of willow leaves in the face of an enemy who despises you, as neither alone will stop a strike that is aimed at your neck.” —Samurai proverb
 
“An armed society is a polite society. Manners are good when one may have to back up his acts with his life.” —Robert Heinlein
 
“I reserve the right to take any action necessary to maintain the equilibrium in which I've chosen to exist.” —Me
 
"It ain't braggin' if you done it." —Will Rogers

 

Gb1XExdm.jpg
 
 

 
 
 
 


#2 Charles Nichols

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Posted 06 November 2018 - 07:42 PM

Response to the cert petition is due on Thursday.  Fortunately, SCOTUS dockets now contain links to the filings (in most cases).

 

https://www.supremec...lic/18-280.html



#3 ChicagoRonin70

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Posted 06 November 2018 - 09:03 PM

Response to the cert petition is due on Thursday.  Fortunately, SCOTUS dockets now contain links to the filings (in most cases).

 

https://www.supremec...lic/18-280.html

 

Yep, I saw that. I was surprised that a thread hadn't been already on here, considering that the case has been ongoing for something like 5 years.


"A well educated Media, being necessary for the preservation of a free State, the right of the people to keep and read books, shall not be infringed."

 

"A well regulated Militia, being necessary for the security of a free State, the right of the people to keep and bear arms, shall not be infringed."

 

“One can never underestimate the idiocy of those determined to be offended by things that don't affect their real lives in the slightest.” —Me
 
“Hatred is the sharpest sword; the desire for peace is armor made of willow leaves in the face of an enemy who despises you, as neither alone will stop a strike that is aimed at your neck.” —Samurai proverb
 
“An armed society is a polite society. Manners are good when one may have to back up his acts with his life.” —Robert Heinlein
 
“I reserve the right to take any action necessary to maintain the equilibrium in which I've chosen to exist.” —Me
 
"It ain't braggin' if you done it." —Will Rogers

 

Gb1XExdm.jpg
 
 

 
 
 
 


#4 Hipshot Percussion

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Posted 04 December 2018 - 09:16 AM

  U.S. SUPREME COURT URGED TO CONSIDER NYC SECOND AMENDMENT LAWSUIT

DECEMBER 3, 2018
 
Lawsuit challenges New York City ordinance restricting firearms transportation
 
Attorneys General from 15 states and two governors signed a legal brief asking the U.S. Supreme Court to hear arguments in a federal lawsuit challenging a New York City ordinance restricting the transportation of firearms in the city. A New York City ordinance enacted in 2001 requires anyone who wants to take their government-licensed firearm out of their home to obtain a separate “carry” license, in addition to having permission to keep the firearm in the residence.
 
The New York State Rifle & Pistol Association, a Second Amendment advocacy group, filed a federal lawsuit against the city in the U.S. District Court Southern District of New York in 2013 on behalf of Romolo Colantone, a New York City resident and licensed firearm owner affected by the ordinance.
 
Federal Judge Robert Sweet, appointed by President Jimmy Carter, heard the case, New York State Rifle & Pistol Association, Inc., et al.v City of New York, New York, et. al., and ruled against Colantone in 2013. Lawyers representing Colantone appealed the case to the U.S. Court of Appeals for the Second Circuit in 2015, which upheld the ruling in 2018.
 
Louisiana Attorney General Jeff Landry filed an amicus brief on October 9, 2018 calling on the U.S. Supreme Court to consider the case. Attorneys General from Alabama, Arizona, Arkansas, Georgia, Idaho, Kansas, Michigan, Montana, Oklahoma, South Carolina, Texas, Utah, West Virginia, and Wisconsin cosigned the brief, as did the governors of Mississippi and Kentucky.
 
 
Heller Case Affirmed Rights

The Supreme Court’s 2008 decision in District of Columbia v. Hellernegates the New York City ordinance, says Joyce Lee Malcolm, a law professor at George Mason University’s Antonin Scalia Law School.

“In Heller, the justices made clear that there was an individual right to keep and bear arms—not just to keep, but also to bear,” Malcolm said. “In Heller, apart from clarifying the right was an individual right to keep and bear, the Court said that people had the right to keep and bear those weapons in common use for self-defense. Obviously, keeping people from taking their handguns out of their homes or having them ready to protect themselves is in violation of the Supreme Court’s clear interpretation of the law. The ban apparently was in place before Hellerin 2008, and the Heller case overturned the Washington, DC ban on residents having handguns in their homes.”

Defying the Court

Malcolm says there is a pattern of city and state elected officials, and federal justices, ignoring Supreme Court rulings on Second Amendment issues.

“There have been many cases within different circuits, particularly circuits that have very strict gun laws, to ignore Heller,” Malcom said. “That’s happened in Illinois, it’s happened in California, and now in New York.”

“I’m really disturbed by the fact that the Second Circuit and some of these other jurisdictions have basically allowed tremendous inroads into what the Supreme Court mandated with Heller and McDonald v. City of Chicago,” Malcolm said. “It’s blatantly violating it.”

 

Read the rest of the article HERE


Edited by Hipshot Percussion, 04 December 2018 - 09:17 AM.

“I have fought the good fight to the end; I have run the race to the finish: I have kept the faith."  Timothy Chapter 4 verse 7

 

"Legitimate self-defense has absolutely nothing to do with the criminal misuse of guns."   Gerald Vernon, veteran firearms instructor

 

New Gunner Journal

 


#5 Charles Nichols

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Posted 04 December 2018 - 04:11 PM

I hope that SCOTUS takes the case and issues a correct decision but SCOTUS is our paramount judicial bureaucracy.  Bureaucracies have intricate rules designed to guarantee that the wrong decisions are made.  

 

Here are a couple of cert petitions which were granted.  Read the decisions and then ask yourself why was it decided the way it was.

 

 
Here are a couple of cert petitions which were denied.  Read the petitions and then ask yourself why they were denied.
 
 
"NYC et al" specified the reasons why SCOTUS almost always denies cert petitions, and those reasons are present here.  The response also put a spotlight on what could very well be a fatal vehicle problem with the case.  Namely, it appears the petitioners attempted to expand the definition of a premises license, which means the NYSRPA will likely lose, as the first two cases above did, because the justices will fixate on things other than answering the question, "Is this law constitutional?"





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