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Posts Tagged scotus
Supreme Court Dismisses Gun Cases
From Bearing Arms:
For the third time this year the Supreme Court has rejected a case dealing with the ATF’s administratively imposed ban on bump stocks, denying cert in a challenge to the ban brought by a group of federally licensed firearm retailers and several individuals who argued that the ban was an unconstitutional violation of the Fifth Amendment’s Takings Clause by forcing existing bump stock owners to destroy them without any kind of compensation on the part of the federal government.
NYT Shocked Public Defenders Support Second Amendment
From Reason:
A group of public defense lawyer organizations recently joined forces with Second Amendment advocates to urge the U.S. Supreme Court to invalidate a New York gun control scheme. Now that the scheme has been successfully overturned in New York State Rifle & Pistol Association v. Bruen, which held that the Second Amendment includes the right “to carry a handgun for self-defense outside the home,” public defenders have begun citing the Court’s ruling to protect the rights of their clients.
This state of affairs has left some New York Times journalists scratching their heads in surprise. As a recent Times headline put it: “Unlikely Fans of Supreme Court Ruling on Guns: Public Defenders.” The accompanying article describes the Black Attorneys of Legal Aid, the Bronx Defenders, and other groups as “unexpected” allies of the gun rights movement.
Bruen Could Be The Beginning of Striking Down Gun Laws
From The Truth About Guns:
In winning this case in front of SCOTUS, “may issue” laws — laws under which states and municipalities have entirely subjective rules under which they may or may not issue concealed carry permits — have been deemed unconstitutional. This opens up the door for going after unfair, subjective, and otherwise not equally-applied gun control laws all across the country.
Gun Banners Want Power
From The Federalist:
Why do Democrats despise the Second Amendment so much that they want to effectively banish a branch of the government over it? Because it strips them of their ability to control everything and accumulate power.
The Bruen Decision Was Just The Beginning
From The Truth About Guns:
There are no longer tiered levels of examination or scrutiny. If the law in question materially limits the right to keep and bear arms, then, with remarkably few exceptions, under Bruen the law will be an infringement on Second Amendment rights.
CDC Director Disputes Sotomayor’s Covid Claims
From NTD:
Centers for Disease Control and Prevention (CDC) Director Rochelle Walenksy disputed Supreme Court Justice Sonia Sotomayor’s claim that 100,000 children are hospitalized or seriously ill with COVID-19 during arguments last week.
During an interview with “Fox News Sunday,†Walensky confirmed there are about 3,500 children in the hospital and who tested positive for COVID-19, the disease caused by the CCP (Chinese Communist Party) virus.
Restitution Should Be A Remedy For Unconstitutional Prosecutions
From The Truth About Guns:
An individual should not be punished for noncompliance with an unconstitutional law. If they were unjustly punished, then they deserve restitution. So far, only a few people have applied for restitution in DC. There is a larger class action lawsuit that needs to be filed against the district.
Interview with Sharone Mitchell Jr. of the Cook County Public Defenders on NY Gun Case
From Slate’s What Next podcast:
The 14th Amendment And Gun Laws
From The Federalist:
On its face, this law clearly violates the spirit of the Second Amendment. Conservatives arguing to overturn it, however, find themselves in the awkward position of arguing against long-standing conservative principles like constitutional federalism and state sovereignty. Implicitly, in this case, the argument for gun rights relies on a century of progressive precedent known as the “incorporation doctrine.â€
Activist courts have used this legal theory to impose left-wing policies top-down onto the states. Conservatives are right to insist on a consistent standard; if the Constitution means no school prayer in Kansas, then it also means the right to carry a gun in New York City.
Left Prefers Feelings Over Science On Guns
From The Federalist:
Whenever states have eliminated “proper cause†requirements, gun-control advocates have predicted disaster, with blood-in-the-streets and irresponsible behavior by permit holders. But in state after state, concealed handgun permit holders have proved them wrong by being extremely law-abiding. Indeed, none of the right-to-carry states have even held a legislative hearing, let alone held a vote, to move back to requiring “proper cause.â€
Six Takeaways From The NY Gun Case
From The Federalist:
While New York conceded the Second Amendment applies beyond one’s threshold, Solicitor General Barbara Underwood quickly forgot that the Bill of Rights protects rights—it doesn’t define privileges. For instance, in discussing the regulation of firearms outside the home, Underwood started to say that “these regulations are all an effort to accommodate the right,†but then backtracked, saying the regulations seek to “respect the right of self-defense.â€
The slip of the tongue was telling, however: It means New York state doesn’t truly view the Second Amendment right to keep and bear arms as a right, but as a privilege it will accommodate — when governmental officials deem it appropriate.
Gun Rights Groups File Amicus Briefs In NY Carry Case
From Ammoland:
Two national gun rights organizations—the Second Amendment Foundation and its grassroots sibling, the Citizens Committee for the Right to Keep and Bear Arms—have filed separate amicus briefs to the U.S. Supreme Court in support of a challenge of New York State’s ultra-restrictive carry laws by the New York State Rifle & Pistol Association (NYSRPA)
Reciprocity Now
From The Federalist:
While predicting Supreme Court decisions can be a fool’s errand, given the Supreme Court’s precedents it would appear likely the days of New York and a minority of states requiring citizens to prove “good cause†or a “need†to exercise their Second Amendment right to carry a firearm on their person for self-protection are numbered. Should the Supreme Court strike down these “may issue†requirements, then all states will be “shall issue.â€
That’s where the Concealed Carry Reciprocity Act (H.R. 38/S. 1522), introduced by U.S. Rep. Richard Hudson, R-N.C., in the House of Representatives and by Sen. John Cornyn, R-Texas, in the U.S. Senate makes all the sense in the world. If all states are required to adhere to a “shall issue†policy, it only makes sense to treat concealed carry permits the same way individuals states treat driver’s licenses.