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Supreme Court to rule on NY,s draconian restrictions on 2nd amendment


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34 replies to this topic

#21 ironshaolin

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Posted April 30 2021 - 02:19 PM

So does everyone here obey unconstitutional orders, or stick to the constitution and say !@@ the corrupt politicians?

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#22 Bystander

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Posted May 01 2021 - 06:37 AM

This case is 100% win for all 2A supporters. Just like 2020 win for Trump. The left ain’t gonna let it happen. I’m not gonna be surprised if by the time we get to the verdict couple of conservative justices will suddenly die during sleep or else.
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#23 notphilivey

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Posted May 01 2021 - 07:42 AM

The statement is taken quoted from form the brief before SCOTUS and is 100% accurate.



#24 Wowzer

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Posted May 01 2021 - 06:58 PM

As you already know, New York has concealed carry and at least one county in the state will issue a Full Carry without any requirements. Those administrative restrictions can be easily removed statewide. New York allows concealed carry.
Shall issue and May issue is the reason?
Many Shall issue states have stringent background checks for obtaining a CCW permit. Many people can’t pass a state mandated CCW course. Will this case give every New York pistol license holder the ability to carry concealed in NYC?

IMO, if you can’t pass a CCW course, then maybe you really shouldn’t be carrying. I don’t say that lightly, but it would seem irresponsible to accidentally shoot someone or themselves because they don’t have the wherewithal to handle a firearm. As for a background check, I’m ok with it.  After all, how can we stop felons from purchasing firearms if we don’t have a check? In many states, you can buy a firearm from someone else without a NICS. 
 

IMO, one of the points of CCW is that criminals wont know who is packing, thus, they better think twice before a criminal act. The upstanding citizen can legally defend themselves w CCW. 


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#25 notphilivey

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Posted May 01 2021 - 07:06 PM

I agree with the background check and the safety course and even minimum proficiency requirement for handling firearm in exchange for a CC permit. But NY will never go for it.  Scotus will have to declare  "regulations" ie no conceal carry without "special need" unconstitutional. It is easy. 
'No infringement" means no infringement. 


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#26 Kemposhot

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Posted May 01 2021 - 11:47 PM

New York will try and moot this case by giving NYC premises a concealed carry license like a Sportsman which allows you to carry loaded and concealed when going to a range.


This case didn’t originate in NYC but rather upstate in Rensselaer County.

I’m hopeful for a positive outcome as I think the court eager to take on another 2A issue. However, I’m sure the wheels are already turning on how NY can counter this should the ruling be against them.

#27 notphilivey

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Posted May 02 2021 - 05:14 AM

NY mooted out the last SCOTUS case but it can't work this time. It is already legal to conceal carry a loaded firearm to and from the range. If the Court strikes down these draconian regulations regarding special need for self defense NYs only remedy will be seceding from the union. 


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#28 boosti

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Posted May 02 2021 - 08:03 AM

NY mooted out the last SCOTUS case but it can't work this time. It is already legal to conceal carry a loaded firearm to and from the range. If the Court strikes down these draconian regulations regarding special need for self defense NYs only remedy will be seceding from the union.

The SCOTUS refused to hear a good case everyone thought was going to be a big win out of Westchester County regarding carrying concealed. Keep fingers crossed these three Conservative judges Trump picked will have a positive result in the Spring of 2022.
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#29 moskojo

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Posted May 02 2021 - 09:00 PM

There is no way Cuomo will let us carry despite SCOTUS. He will just poass anothern law and say take it to SCOTUS. You know how loong that will take.



#30 Wowzer

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Posted May 02 2021 - 11:11 PM

There is no way Cuomo will let us carry despite SCOTUS. He will just poass anothern law and say take it to SCOTUS. You know how loong that will take.

that’s not how things work...a new law enacted despite SCOTUS ruling is unenforceable as the courts must obey SCOTUS. My 2 cents worth.



#31 Nordon

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Posted May 02 2021 - 11:16 PM

I’ll tell you how the lower counties will react, they’ll convert all of our (restricted) carry licenses to premise if we state we want the full carry option, stating our original license “application” was for the restricted type of license, and the full carry is a different “more involved” process, if you can believe that, thus making us re-apply again, now saying all of these (re) applications are causing a massive 5-10 year wait time. They will not let it happen.  They won’t deny it to us, just make it near impossible to get using a workload excuse, or something else not related to the proper cause issue.


Edited by Nordon, May 02 2021 - 11:20 PM.


#32 Nordon

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Posted May 02 2021 - 11:23 PM

As you already know, New York has concealed carry and at least one county in the state will issue a Full Carry without any requirements. Those administrative restrictions can be easily removed statewide. New York allows concealed carry.
Shall issue and May issue is the reason?
Many Shall issue states have stringent background checks for obtaining a CCW permit. Many people can’t pass a state mandated CCW course. Will this case give every New York pistol license holder the ability to carry concealed in NYC?

Yep, Delaware County, I had a second home there from 1992-2003,should have kept it.



#33 grifhunter

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Posted May 02 2021 - 11:47 PM

The BEST we can hope for is for the SCOTUS to once and for all set the standard of review for gun cases to "strict scrutiny".   The commie courts are all wrongly using the lower, government friendly "intermediate scrutiny" since Heller was decided.    By setting the standard of review at strict scrutiny, this will also lay the groundwork for lower courts to gut state magazine limits and assault weapon bans. 

 

The most probable outcome in my opinion is SCOTUS sends the case back to the lower courts for evidentiary hearings to develop a record of what factors NY actually uses for "may issue" concealed carry licenses in those counties that do issue them.     This gives the court time to avoid gun cases for another 4 years. 

 

The key thing that sounds promising is that the court included the phrase "...for self defense" in the Question Presented.  This means that limiting licenses to outside the home pursuits of target shooting and hunting is not an clever out for NY.    If we win, we get to carry for self defense or any other lawful purpose.    



#34 notphilivey

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Posted May 03 2021 - 04:01 AM

Agree. The delay and backlog will create a years long process even if we win. It is shameful that it takes so long as is so expensive to get approved for a target hunter permit. My interview was one question. "Ever been arrested." Then the waiting (for nothing) begins.



#35 2edgesword

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Posted May 03 2021 - 11:26 AM

I’ll tell you how the lower counties will react, they’ll convert all of our (restricted) carry licenses to premise if we state we want the full carry option, stating our original license “application” was for the restricted type of license, and the full carry is a different “more involved” process, if you can believe that, thus making us re-apply again, now saying all of these (re) applications are causing a massive 5-10 year wait time. They will not let it happen.  They won’t deny it to us, just make it near impossible to get using a workload excuse, or something else not related to the proper cause issue.

 

I have my doubts about that since what the SC will strike down is the need to show any proper cause for carrying a concealed firearm. The "sportsman" license IS a concealed carry license (f class license accord to NYS PL) with restrictions added by the licensing authority. Essential what the SC would be doing is removing those restrictions.


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