New York State Rifle & Pistol Association Inc. v. City of New York, New York - US Government Laws & News (2A ONLY) - Long Island Firearms

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New York State Rifle & Pistol Association Inc. v. City of New York, New York


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#1 Incognito

Incognito

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Posted April 27 2020 - 09:31 AM

I have not read it yet

 

Case Update: New York State Rifle & Pistol Association Inc. v. City of New York, New York

Message from the Editors:
The court has released its opinion in this case: https://www.supremec...18-280_ba7d.pdf

View Case


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Posted A minute ago



#2 Incognito

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Posted April 27 2020 - 09:38 AM

By decision of a judge, or of a court in unanimous agreement.(Is this true or false? It appears false to me.)

 

The judgment of the Court of Appeals is vacated, and the case is remanded for such proceedings as are appropriate.

 

 

JUSTICE KAVANAUGH, concurring - And I share JUSTICE ALITO’s concern that some federal and state courts may not be properly applying Heller and McDonald. The Court should address that issue soon, perhaps in one of the several Second Amendment cases with petitions for certiorari now pending before the Court.

 

 

JUSTICE ALITO, with whom JUSTICE GORSUCH joins, and with whom JUSTICE THOMAS joins except for Part IV–B, dissenting. By incorrectly dismissing this case as moot, the Court permits our docket to be manipulated in a way that should not be countenanced.

 

Petitioners asserted in their complaint that the Second Amendment guarantees them,as holders of premises licenses, “unrestricted access” to ranges, competitions, and second homes outside of NewYork City, App. 36, and the new laws do not give them that.4

 

Contrary to the City’s suggestion, see Reply to Suggestion of Mootness 5, petitioners have not softened their stance over the course of this litigation. At summary judgment, petitioners asked that the District Court declare 38 N. Y. C. R. R. §5–23 unconstitutional and enjoin its en forcement in any manner that prohibits or precludes [petitioners] from traveling” with their handguns to a range, competition, or second home outside the borders of New York City.

 


In sum, the City’s travel restriction burdened the very right recognized in Heller. History provides no support for a restriction of this type. The City’s public safety arguments were weak on their face, were not substantiated in any way, and were accepted below with no serious probing. And once we granted review in this case, the City’s public safety concerns evaporated.We are told that the mode of review in this case is representative of the way Heller has been treated in the lower courts. If that is true, there is cause for concern.
* * *
This case is not moot. The City violated petitioners’ Second Amendment right, and we should so hold. I would reverse the judgment of the Court of Appeals and remand the case to the District Court to provide appropriate relief. I therefore respectfully dissent.


Edited by Incognito, April 27 2020 - 10:47 AM.


#3 Incognito

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Posted April 28 2020 - 08:53 AM

duplicate, go to

 

https://www.longisla...etback-for-nra/






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