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NYSRPA v Bruen (Corlett): 6-3 U.S. Supreme Court Ruling Strikes down May-issue


Euler

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  • Molly B. pinned this topic
On 6/26/2022 at 10:48 AM, Craigcr2 said:


I disagree that the court affirmed training requirements. The only use of the word “training” is on BK’s concurrence, which isn’t binding. 
 

The current case’s controversy didn’t present the constitutionality of permitting. It will be very interesting to see how the new standard of review is applied over the next couple of years. 

Therein lies the problem. Add up BK concurrence judges plus 3 libs and that equals 5.

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If you keep track of most of the firearms cases covering most all the topics across all districts and circuits. Reading BOTH sides of the case for and against motions for and oppositions. Covering all topics from AWB’s, Mag cap bans, ammo, ghost guns, carry, gun permitting etc…

 

You will notice, that every government entity being sued, is asking for additional time in one form or another to do more historical Analysis. To combat the Bruen/Heller one step approach. They are scrambling.

 

In at least one case. An AWB ban out of the Town of Superior Co. The federal district judge, an Obama appointee, yesterday Friday July 22nd, issued a TRO (Temp Restraining Order) against the town of Superior. 
 

The judge clearing stating that their was no TTH to uphold the law.

 

This is the first AWB to have a positive step in the right direction, other then the one out of Maryland. Bianchi v Frosh which was GVR’d by SCOTUS.

 

Now the case out of Superior CO, has an Injunction hearing coming up on I believe August 5th. That will put another nail in the AWB coffin. Assuming of course that Town of Superior can’t come up with valid TTH. Which obviously they can’t.

 

It will take some time but the gun control laws will start falling quickly.

 

The one’s that have me the most concerned of not making much progress though. Are the challenge to the NFA, the GCA of 1968. And the 1986 machine gun act.

 

We should be able to make some dents in the NFA, but I doubt we will enjoin the entire Act. Same goes with the GCA of 1968 or 1986.

 

 

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  • 5 weeks later...

Recall that NYC issues its own carry licenses, separate from the state. The Bruen case was filed against the state.

 

Second Amendment Foundation

SAF said:

The New York City Police Department has issued an emergency rule deleting the "proper cause" and "letter of necessity" requirements from their application process to obtain a concealed carry license thanks to a legal action filed by the Second Amendment Foundation.

 

SAF was joined by the Firearms Policy Coalition, Inc, several private citizens, whose license applications have now been processed. They were represented by attorney David Jensen, PLLC of New York.

...

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On 8/24/2022 at 7:24 PM, Euler said:

Recall that NYC issues its own carry licenses, separate from the state. The Bruen case was filed against the state.

 

Second Amendment Foundation

Assuming the new post-Bruen legislation gets struck down by the courts, what effect will that have on NYC's licensing rules?

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In a similar vein, I know that New York requires permits to purchase, and that NYC makes it effectively impossible for the average individual to obtain one.

 

Wondering if any litigation is in the pipeline.

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On 8/23/2022 at 5:03 PM, MrTriple said:
On 8/24/2022 at 7:29 PM, MrTriple said:

In a similar vein, I know that New York requires permits to purchase, and that NYC makes it effectively impossible for the average individual to obtain one.

 

Wondering if any litigation is in the pipeline.


Yes there is…

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