Posts Tagged Supreme Court

Anti-gunners Don’t Know What They’re Protesting

From Townhall:

It’s almost as though they were bussed in for the event, given signs and told to stand there and look angry. The National Rifle Association’s social media team asked anti-gunners the name of the case and what the case was about and none of them seemed to know. Shocker, right?

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Gun Prohibition At Supreme Court

From Reason:

At issue in New York State Rifle and Pistol Association v. City of New York is a New York City law that banned licensed handgun owners from possessing, carrying, or transporting their weapons outside of their homes, with one exception: The law let licensed owners transport their handguns, unloaded and locked in a container, to and from an authorized gun range within city limits.

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Supreme Court To Hear NY Gun Case

From The Truth About Guns:

The Supreme Court is turning to gun rights for the first time in nearly a decade, even though those who brought the case, New York City gun owners, already have won changes to the regulation they challenged.

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Misrepresenting “Well Regulated Militia”

From Reason:

When the Second Amendment was written, the idea that Americans had an individual right (and in some cases an obligation) to possess arms for defense of both themselves and the state was widely understood. It had roots in the rights won by the Glorious Revolution of 1688—rights that the American Revolution was dedicated to preserving.

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Supreme Court To Hear NY Gun Case

From The Truth About Guns:

The Second Amendment Foundation today cheered the U.S. Supreme Court’s decision to move forward with a case that challenges a New York City gun law that was so restrictive the city amended it, and then tried to get the high court to dismiss the case.

“We’re delighted that the Supreme Court will move this important case forward,” said SAF founder and Executive Vice President Alan M. Gottlieb. “The Second Amendment Foundation has filed an amicus brief in support of overturning this egregious attempt to infringe on the right to keep and bear arms. We are confident that the high court will ultimately rule in favor of Second Amendment rights.”

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NY Gun Case Set For Argument On Dec. 2

From NRA-ILA:

Now, it seems, their reckoning may be nigh, as the high court has scheduled the case for argument on Dec. 2.
The lawsuit, New York State Rifle & Pistol Assoc., Inc. v. City of New York, offers a revealing look into the mindset of gun control extremists, and in particular, their refusal to acknowledge the Supreme Court’s precedents that recognize the right to keep and bear arms as a fundamental, individual liberty.

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Heller Is Being Ignored

From National Review:

The McDonald Court declared that the Second Amendment is not a “second-class right,” to be “singled out for special — and specially unfavorable — treatment.” In 2019, however, Heller is in a precarious situation: There have been numerous victories for gun rights, but many lower courts have in practice nullified the Second Amendment. Later this year, the Supreme Court may hear a case involving egregious Second Amendment infringements by the New York City government. The Court should take the opportunity not only to strike New York’s abuses, but also to firmly remind lower courts that the Second Amendment is a first-class civil right.

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Lawsuits Can Threaten Rights

From Overlawyered:

The brief emphasizes two lines of argument that I find exactly to the point. First, under the right circumstances, the workings of tort lawsuits can impinge on individual rights guaranteed by the Constitution: exorbitant libel verdicts can menace freedom of speech, and similarly stretching of tort and public nuisance law can endanger Second Amendment rights. It is worth making explicit the parallels between the Supreme Court’s acknowledgment of the first in New York Times v. Sullivan and Congress’s recognition of the second in its passage of PLCAA.

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Second Amendment Deserves Same Protections As First

From Reason:

Should gun manufacturers be liable for misuse of guns? Should printing press manufacturers be liable for misuse of presses? The answer to both questions is “no,” according to an amicus brief I filed today in support of a Supreme Court cert. petition.

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Dems Threaten To Change Supreme Court If Decisions Don’t Go Their Way

From Chicago Tribune:

In 2017, Senate Minority Leader Charles Schumer, D-N.Y., accused President Donald Trump of showing “a disdain for an independent judiciary that doesn’t always bend to his wishes” after Trump criticized a federal judge who ruled against his administration. Senate Democrats, by contrast, have launched an unprecedented attempt to actually bend the Supreme Court to their wishes — threatening to restructure the court if the justices do not rule as they see fit.

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First 2nd Amendment Supreme Court Case Since Heller

From National Constitution Center:

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Gun Control Groups Flood Supreme Court Case With New Arguments

From Guns.com:

Over a dozen new legal briefs were posted Monday in the case brought by gun owners challenging the constitutionality of the Big Apple’s “premises permit” scheme, a local New York City law that drastically restricts the ability to leave one’s premises with a firearm. The new filings come from five Senate Democrats — Sheldon Whitehouse, Mazie Hirono, Richard Blumenthal, Richard Durbin, and Kirsten Gillibrand as well as 139 Dems in the House, with the lawmakers taking New York’s side.

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Liberal Justices Find Gun Law “Unconstitutionally Vague”

From The Hill:

Under the law, the men could have faced a mandatory minimum sentence of five years, with it rising to seven years if the gun is brandished and to 10 if it’s fired. Other minimum sentences can also be imposed based on the type of firearm used during the alleged offense.

“In our constitutional order, a vague law is no law at all,” Gorsuch wrote. “Only the people’s elected representatives in Congress have the power to write new federal criminal laws. And when Congress exercises that power, it has to write statutes that given ordinary people fair warning about what the law demands of them.”

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NY Law Headed To Supreme Court

From USA Today:

Gun rights groups are using New York City restrictions that may be repealed as a rallying cry to press the Supreme Court for a major expansion of its Second Amendment precedents.

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Gun Rights Groups File Brief In NYC Gun Case

From The Truth About Guns:

The Second Amendment Foundation and Citizens Committee for the Right to Keep and Bear Arms have been joined by four other rights groups in an amicus curiae brief to the U.S. Supreme Court in support of a challenge to New York City’s restrictive handgun law that prohibits handguns licensed in the city to be taken outside the home.

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