Supreme Court - NYSRPA v. Bruen - Megathread

[Joeldiaz]

Still, there's an awful lot of them involving the same overall issues to fall back on precedent as some of them have been messed with by way of precedent in the inferior courts. Hopefully something will give.

Honestly if they’re going to grant cert to any of the AWB cases, it’s going to be Bianchi v. Brown. That one isn’t on a preliminary injunction. Although chances they take that one still aren’t great, because CA4 hasn’t issued their decision yet.

 

[sbhaven]

More commentary on one of the recent IL AWB challenge fillings. Basically goes over the NSSF Barnett v. Raoul filing to SCOTUS that in part calls out SCOTUS for not acting to deal with the wide spread lower courts complete ignoring and complete disregard of Bruen.


View: https://www.youtube.com/watch?v=pTm8yhmZ7Do

Washington Gun Law President, William Kirk, discuses the case of Barnett v. Raoul and some of the unique arguments and challenges made by the Plaintiffs in this matter. This should certainly stoke SCOTUS' interest.

 

[VTski4x4]

At this point SCOTUS has to take up one of these cases. There's major AWB cases in every level of appellate courts, and everything is in a BS holding pattern of back and forth decisions. Do your f***ing jobs.

 

[JoseyWales]

So June ... June is when they're going to decide..... after June they go on vacation

 

[Joeldiaz]

At this point SCOTUS has to take up one of these cases. There's major AWB cases in every level of appellate courts, and everything is in a BS holding pattern of back and forth decisions. Do your f***ing jobs.

SCOTUS is going to wait until a final judgement, which none of these cases are on. It’s the unfortunate reality of the situation.

 

[PappyM3]

SCOTUS is going to wait until a final judgement, which none of these cases are on. It’s the unfortunate reality of the situation.

But they don’t have to wait and a number of these cases, the lower courts are openly claiming the SCOTUS is wrong and they don’t care to follow existing precedent.

I’m not optimistic though.

 

[Joeldiaz]

But they don’t have to wait and a number of these cases, the lower courts are openly claiming the SCOTUS is wrong and they don’t care to follow existing precedent.

I’m not optimistic though.

They don’t have to, but they will. They’ve proven it time and time again post-Bruen.

 

[pinefd]

But they don’t have to wait and a number of these cases, the lower courts are openly claiming the SCOTUS is wrong and they don’t care to follow existing precedent.

I’m not optimistic though.

But even if SCOTUS takes up these cases now and slaps down these lower court actions/rulings, what's to stop politicians from advancing additional bills and these same lower courts pulling this horses!t again, ad nauseam? How, if at all, can the SCOTUS decisions be enforced, in light of the liberal scum that rules a large part of the country, including the Oval Office? I seem to recall that we all had very hight hopes that things would change post-Bruen, but we're seeing even more ridiculous laws being advanced now!


Frank

 

[AMV]

I seem to recall that we all had very hight hopes that things would change post-Bruen, but we're seeing even more ridiculous laws being advanced now!

Anyone that has been paying attention still know that those hopes are real, and take time. That is what is driving the left nuts.
I would guess you probably won’t see it until 2025. But with all the cases piling up, eventually there will be the straw the breaks the camels back and SCOTUS will have to act

Hopefully with the current make up of the court it will be quicker than the time it took to clarify The intent of Heller

 

[VTski4x4]

But even if SCOTUS takes up these cases now and slaps down these lower court actions/rulings, what's to stop politicians from advancing additional bills and these same lower courts pulling this horses!t again, ad nauseam? How, if at all, can the SCOTUS decisions be enforced, in light of the liberal scum that rules a large part of the country, including the Oval Office? I seem to recall that we all had very hight hopes that things would change post-Bruen, but we're seeing even more ridiculous laws being advanced now!


Frank

Rope is cheap, trees are plentiful.

 

[Picton]

But even if SCOTUS takes up these cases now and slaps down these lower court actions/rulings, what's to stop politicians from advancing additional bills and these same lower courts pulling this horses!t again, ad nauseam? How, if at all, can the SCOTUS decisions be enforced, in light of the liberal scum that rules a large part of the country, including the Oval Office? I seem to recall that we all had very hight hopes that things would change post-Bruen, but we're seeing even more ridiculous laws being advanced now!


Frank

The key is for all the courts to be on the same page.

The courts are supposed to be the check/balance against bad legislation; they can enjoin unconstitutional laws and prevent their enforcement any time they want to. They're understandably careful about doing that (because the potential for abuse is high), but IN THEORY the lower courts are supposed to rule in accordance with the guidance of the higher courts.

The solution here, constitutionally, is for the higher courts to force the lower courts to toe their desired line, which in turn will result in speedy and appropriate injunctions whenever the politicians get squirrelly (which the system is built to tolerate, as long as the courts are doing their job, until such time as the voters do theirs on the next election day). Now, as far as how that happens and how long it takes? I don't know.

 

[Joeldiaz]

At this point SCOTUS has to take up one of these cases. There's major AWB cases in every level of appellate courts, and everything is in a BS holding pattern of back and forth decisions. Do your f***ing jobs.

View: https://imgur.com/a/p8hv1Ml

 

[VetteGirlMA]

But even if SCOTUS takes up these cases now and slaps down these lower court actions/rulings, what's to stop politicians from advancing additional bills and these same lower courts pulling this horses!t again, ad nauseam? How, if at all, can the SCOTUS decisions be enforced, in light of the liberal scum that rules a large part of the country, including the Oval Office? I seem to recall that we all had very hight hopes that things would change post-Bruen, but we're seeing even more ridiculous laws being advanced now!


Frank

Maybe is the GOP were less interested in tripping over their own d*cks and actually cared about limited government I would give a sh*t, but you know....At least I know the democrats hate me so I know where I stand. The GOP sings beautiful songs and then stabs me in the back and tosses me under the bus. More of the really sh*tty gun control came at the end of republican pens.

 

[PappyM3]

View: https://imgur.com/a/p8hv1Ml

God, I hope he’s not right about them being so narrow in a ruling against assault weapon “rifle” bans. Mags and pistols would never make their way back up to SCOTUS before a change in court makeup. It’s now or never to smack the whole AWB enchilada down, which includes mags, pistols, shotguns, and rifles. We’ve been waiting for constitutional justice for nearly 30 years.

 

[Joeldiaz]

God, I hope he’s not right

Mark Smith is very rarely wrong.

 

[PappyM3]

Mark Smith is very rarely wrong.

I wouldn’t know. His YouTube channel is so click bait-y I stopped watching it.

 

[Joeldiaz]

I wouldn’t know. His YouTube channel is so click bait-y I stopped watching it.

Follow him on X, all of the knowledge with none of the clickbait

 

[MagGus1820]

 

[Joeldiaz]

It’s kind of ironic that Bruen seems to have helped every state except the one state that the ruling directly applied to.

 

[Gidge]

WTP USA LEGAL NEWS​

In a radical decision defying clearly established U.S. Supreme Court precedent, the Hawaii Supreme Court on Wednesday ruled that there is no individual right to bear arms. We know that is false, of course, as the Second Amendment guarantees us that right. That is why today We The Patriots USA announced that we are actively seeking plaintiffs to challenge this ruling and Hawaii state law as unconstitutional. In fact, it is our position that pistol permits in general are unconstitutional. If you or someone you know is a resident of Hawaii and would like to be a plaintiff, please contact us at [email protected]. ​

 

[vicorjh]

Bushwick Man Indicted for Illegal Possession of Ghost Guns – The Brooklyn District Attorney's Office

brooklynda.org

Brooklyn District Attorney Eric Gonzalez today announced the indictment of a Brooklyn man who allegedly purchased over $10,000 worth of gun parts online to build illegal, untraceable firearms known as ghost guns. Numerous completed guns and gun parts were allegedly recovered from his apartment.

District Attorney Gonzalez said, “This defendant allegedly acquired a massive arsenal of homemade ghost guns that are as real and dangerous as traditional firearms. By assembling guns from kits, unfinished parts, or 3D printed components, those who possess ghost guns evade critically important background checks and registration requirements, and because they have no serial number they are untraceable. The surge in ghost guns in our neighborhoods is a major contributor to the violence plaguing our communities and my Office is working tirelessly to stop their proliferation in Brooklyn.”

The District Attorney identified the defendant as Dexter Taylor, 51, of Bushwick. He was arraigned today before Brooklyn Supreme Court Justice Phyllis Chu on a 37-count indictment in which he is charged with multiple counts of second-, third- and fourth-degree criminal possession of a weapon, criminal possession of a firearm, prohibition on unfinished frames or receivers and one count of unlawful possession of pistol ammunition. His bail was continued at $50,000 and he was ordered to return to court on May 5, 2022.

The District Attorney said that, following an investigation, members of the New York City Police Department identified Taylor as having ordered numerous ghost gun kits and component parts from various online retailers that were allegedly shipped to the defendant’s address on Eldert Street in Bushwick, Brooklyn.

A search warrant was executed at the defendant’s apartment on April 6, 2022, and numerous items were recovered, including four completed assault weapons, five completed handguns, four completed rifles, eight lower receivers for rifles, five lower receivers for handguns, four rifle magazines, seven pistol magazines, four upper receivers, casings, bullet primers and gunpowder to build ammunition and various tools commonly used to build firearms.

The investigation was conducted by the New York City Police Department’s Major Case Field Intelligence Team and Detective Investigators from the District Attorney’s Investigations Bureau.

The case is being prosecuted by Assistant District Attorney Michael O’Rourke, of the District Attorney’s Violent Criminal Enterprises Bureau, under the supervision of Assistant District Attorney Kathryn Spota, VCE Deputy Bureau Chief and Assistant District Attorney Jennifer Cilia, VCE First Deputy Bureau Chief, under the overall supervision of Assistant District Attorney Alfred DeIngeniis, VCE Bureau Chief.

Brooklyn Man's Gun Hobby Leads to a SWAT Raid and a Harrowing Legal Fight for His Freedom

redstate.com

View: https://twitter.com/jeffcharlesjr/status/1734740242144325854



Mr. Taylor's Give-Send-Go effort:

Click here to Give now to Dexter Taylor 2A Legal Fund by Dexter Taylor

My nameis Dexter Taylor, a.k.a. TapeDecks, a.k.a. Carbon Mike.I amA New York native; a father; a Data Engineer with almost 30 years in the software industry;The founder of The Foundationist Society (www.futurerad.io);A licen...

www.givesendgo.com

 

[HARRYM]

Maybe is the GOP were less interested in tripping over their own d*cks and actually cared about limited government I would give a sh*t, but you know....At least I know the democrats hate me so I know where I stand. The GOP sings beautiful songs and then stabs me in the back and tosses me under the bus. More of the really sh*tty gun control came at the end of republican pens.

There is no GOP, their dead. It's now The American Leftist Party, The American RINO Party and The American MAGA Party.

 

[milktree]

There is no GOP, their dead. It's now The American Leftist Party, The American RINO Party and The American MAGA Party.

... and none of them care about the 2nd Amendment.

I'm not entirely sure the GOP ever really did, other than as a wedge to get elected and for fundraising. It's not like Reagan was particularly pro gun rights.

 

[HARRYM]

... and none of them care about the 2nd Amendment.

I'm not entirely sure the GOP ever really did, other than as a wedge to get elected and for fundraising. It's not like Reagan was particularly pro gun rights.

Well, pick a side or sit it out but the time for irrelevant banter has ended.

 

[VetteGirlMA]

There is no GOP, their dead. It's now The American Leftist Party, The American RINO Party and The American MAGA Party.

American leftist party - authoritarians
American RINO party - authoritarians
American MAGA party - authoritarians

Surely we as a nation can do better otherwise we're just doomed.

BTW: The real leftists of this country are pro-gun as all hell. As much as anyone right here on this forum. It's the democratic party that has been bought and paid for by one single person Michael Bloomberg. The real leftists hate the democrats as much as everyone else who isn't a democrat it's just that I would imagine that no one on here has taken the time to find out where they stand. Real leftists don't vote for democrats and are not going to vote for Joe Biden. You know who will? The managerial class. The professional class. The people who are pocketing gobs of money for their sinecure jobs.

The real enemies of the gun community are:

The Democratic Party,
FUDDs of all political persuasions,
The medical, legal and professional class that vote for democrats for the sake of their wallets,
Cops who are okay with gun laws as long as there are cop carveouts.

 

[HARRYM]

American leftist party - authoritarians
American RINO party - authoritarians
American MAGA party - authoritarians

Surely we as a nation can do better otherwise we're just doomed.

BTW: The real leftists of this country are pro-gun as all hell. As much as anyone right here on this forum. It's the democratic party that has been bought and paid for by one single person Michael Bloomberg. The real leftists hate the democrats as much as everyone else who isn't a democrat it's just that I would imagine that no one on here has taken the time to find out where they stand. Real leftists don't vote for democrats and are not going to vote for Joe Biden. You know who will? The managerial class. The professional class. The people who are pocketing gobs of money for their sinecure jobs.

The real enemies of the gun community are:

The Democratic Party,
FUDDs of all political persuasions,
The medical, legal and professional class that vote for democrats for the sake of their wallets,
Cops who are okay with gun laws as long as there are cop carveouts.

See above.

 

[pastera]

But even if SCOTUS takes up these cases now and slaps down these lower court actions/rulings, what's to stop politicians from advancing additional bills and these same lower courts pulling this horses!t again, ad nauseam? How, if at all, can the SCOTUS decisions be enforced, in light of the liberal scum that rules a large part of the country, including the Oval Office? I seem to recall that we all had very hight hopes that things would change post-Bruen, but we're seeing even more ridiculous laws being advanced now!


Frank

The problem is SCOTUS writing very narrow opinions with lots of wishy-washy dicta.
What we need is something that says 18+ not currently in prison or on probation has the fundamental right to keep and bear arms. And that right cannot be restricted outside of controlled areas where the controlling entity assumes strict liability, both personally and corporately, for the safety of all persons infringed by their restrictions.

 

[VTski4x4]

The problem is SCOTUS writing very narrow opinions with lots of wishy-washy dicta.
What we need is something that says 18+ not currently in prison or on probation has the fundamental right to keep and bear arms. And that right cannot be restricted outside of controlled areas where the controlling entity assumes strict liability, both personally and corporately, for the safety of all persons infringed by their restrictions.

And they can do it with whatever f***ing gun and magazine their wallet allows them to purchase.

 

[MaverickNH]

The problem is SCOTUS writing very narrow opinions with lots of wishy-washy dicta.
What we need is something that says 18+ not currently in prison or on probation has the fundamental right to keep and bear arms. And that right cannot be restricted outside of controlled areas where the controlling entity assumes strict liability, both personally and corporately, for the safety of all persons infringed by their restrictions.

When SCOTUS wants to, they rephrase questions and answer them with extra credit shown. Frustrating as it seems, driving more 2ndA progress in SCOTUS decisions while lower courts still lag in uptake of Heller/McDonald, let alone Bruen, is not their style.

While it sucks to be in NY, CA, MA, NJ, HI, etc., the progress made elsewhere in recent decades is breathtaking. To deny it, is like progressives saying we’re still one step from slavery since Emancipation. I’m not saying that’s what you’re saying, for sure. I’m frustrated too!

 

[alan226]

Just contributed