Supreme Court - NYSRPA v. Bruen - Megathread

You realize he's insane, right? His train derailed years ago. Like this,

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Saw this quote today. God forbid the "average" person have rights.

The Supreme Court’s decision will deepen the crisis of gun violence in NYC and beyond, wrote Rep. Ritchie Torres, D-N.Y., who represents part of the Bronx. Striking down the proper cause requirement, as SCOTUS has done, means allowing the average person a right to carry a gun in public, even in a city as densely populated as NY.
 
Without reading the decision, besides shall issue being on the table, does this effect Herr Healy's personal opinions on what the AWB means and or mag limits in the state?
What does a scotus decision on an unconstitutional handgun licensing scheme have to do with mag limits and and awb definitions? Court decisions are very specific......
 
I read shall issue with restrictions as being in the same basket as may issue.

Yes. It's a distinction without a difference.

The problem MA will have with restrictions is that this case was specifically about carry, not possession, use, or ownership. A carry restriction is a de facto denial of a constitutional right. We all knew that already, but it's nice that SCOTUS agrees.
 
How do we think this will pan out in MA? Reads like the LTC/FID scheme will stay. However, the chief loses all power and they must issue the unrestricted license if the person is not statutorily prohibited.
That's the way I read it but.....it's massachusetts so......who the f*** knows.
 
Saw this quote today. God forbid the "average" person have rights.

The Supreme Court’s decision will deepen the crisis of gun violence in NYC and beyond, wrote Rep. Ritchie Torres, D-N.Y., who represents part of the Bronx. Striking down the proper cause requirement, as SCOTUS has done, means allowing the average person a right to carry a gun in public, even in a city as densely populated as NY.
I'm hearing a lot of that kind of thing from breathless Democrats and the media, wherein they don't even realize how that sounds.
 
LOL ... it doesn't matter what the Gov or Mayor agree with, they can cry all they want.

They won't follow it until someone with some money takes them to court and f*cks them, and there are plenty of people with money there.
So for another 4-5 years the honest people of New York are screwed while any POS can use a gun in a crime and as long as they don't shoot it they will be released on PR.
 
So for another 4-5 years the honest people of New York are screwed while any POS can use a gun in a crime and as long as they don't shoot it they will be released on PR.


Shhhhh. Don't tell them that. People might actually revolt or some'pin. LOL
 
So some local PD just turtles everyone by saying "Come in some time next year to get your picture taken". Yep it's filed electronically, it's just inconvenient to everyone to get fingerprinted and pictures taken. Or we talking about complete elimination of pictures and fingerprints?

I'm talkinig about forcing a process. Once the app is in the timer starts. Once that timer goes beyond a certain point the applicant has an easily made case to fight the presumed
denial.
 
What does a scotus decision on an unconstitutional handgun licensing scheme have to do with mag limits and and awb definitions? Court decisions are very specific......
There was verbiage in the decision that dictated that, from now on the lower courts must only use history and text in coming to their conclusions. Until now intermediate and strict scrutiny were also used. In the past, the states argued that magazine limits were constitutional because the state had a right to limit them because it was necessary for the safety of the public. That argument can no longer be used because it is outside the text and history of 2A.
 
I'm talkinig about forcing a process. Once the app is in the timer starts. Once that timer goes beyond a certain point the applicant has an easily made case to fight the presumed
denial.
There's even text to that effect (though I forget if it was the decision or one of the concurrences. My brain's only at like 60%)
 
This is hilarious. Blondie is ok with a former NYC cop having a CCW because he was highly trained lol. The former federal prosecutor, the black woman not named whoopi says the NY scheme was about not allowing carry on subways and sensitive places. She’s a lawyer talking about a case she obviously didn’t read or listen to the arguments on.

And blondie says good guys with guys are shooting on streets all the time, killing kids. What an idiot

 
What does a scotus decision on an unconstitutional handgun licensing scheme have to do with mag limits and and awb definitions? Court decisions are very specific......

Rulings are not necessarily narrow. Thomas flatly rejected the two test process, intermediate scrutiny and strict scrutiny. That’s a broad ruling and opens up cases across the country
 
There's even text to that effect (though I forget if it was the decision or one of the concurrences. My brain's only at like 60%)
It was a footnote in the opinion of the court:
That said, because any permitting scheme can be put toward abusive ends, we do not rule out constitutional challenges to shall-issue regimes where, for example, lengthy wait times in processing license applications or exorbitant fees deny ordinary citizens their right to public carry.
Also, Kavanaugh made a relevant comment in his concurrence:
As petitioners acknowledge, shall-issue licensing regimes are constitutionally permissible, subject of course to an as-applied challenge if a shall-issue licensing regime does not operate in that manner in practice.
 
Abortion is the be all to the left. They’re obsessed with it
Too bad we couldn’t just give them the abortion stuff they’re so set on burning cities for and we take the 2A. Wide open.

“You all can kill off your own babies all you like, it’ll actually be better for the country in the long run, but we get 100% unrestricted 2A to protect ours. Deal? Deal.
 
Gotta celebrate the wins when we get them. Which is few and far between. Hopefully this will push more states to Constitutional carry? We've already got 25 (with florida lagging behind...>.>) So yes we still shouldn't need a permit. But now at least those people who couldn't get one before because the chief in their down is anti-gun can now get one. The more we can introduce into the population the better. The more common it is, the less people will be afraid of it (hopefully).
But this will lead to a reduction in crime. Not what TPTB want to see.
 
There was verbiage in the decision that dictated that, from now on the lower courts must only use history and text in coming to their conclusions. Until now intermediate and strict scrutiny were also used. In the past, the states argued that magazine limits were constitutional because the state had a right to limit them because it was necessary for the safety of the public. That argument can no longer be used because it is outside the text and history of 2A.

Good summary. The 9th upheld 50 laws based on intermediate scrutiny. Basically the state had a compelling interest (public safety) so the gun control law was ok. Under that standard basically anything would be approved by the 9th and others all the state needed to show is some study and “expert” analysis some gun control law would make it safer.
 
What does a scotus decision on an unconstitutional handgun licensing scheme have to do with mag limits and and awb definitions? Court decisions are very specific......

In typical NES fashion, it seems many are missing the forest for the trees. "The ruling today, while a substantial victory, doesn't immediately invalidate every 2A restriction that has ever been or will ever be passed; so I'm logging onto NES to start hammering away on my keyboard bitching about how SCOTUS sucks."

While eliminating permitting schemes altogether would have been ideal, the ruling on NY's carry permit scheme feels truly secondary to this ruling effectively eliminating the "two-part test" using bastardized intermediate scrutiny. This is the true gift bestowed upon us by SCOTUS. Shouldn't this open the floodgates to a tidal wave of new litigation?

Clearly, we'll have to fight (litigate) for every inch of ground we retake from the anti's, however, we have a shiny new weapon to wield in the fight. Now, if the State wished to defend mag capacity limits, it's not enough for a win by claiming the restriction doesn't burden the core of the 2A right (self-defense in the home - as it's been applied). Now, the State will need a historical analogue for the capacity limit statute, from a relevant historical period, showing that people were prohibited from carrying musket balls in a pouch capable of holding more than "x" number of musket balls. And if they find one, it would have to be a common restriction and not an outlier.

My layman reading says that as courts are forced to apply this standard of review, AWBs and Mag Limits cannot possibly survive under it.

As for the cases still on the shadow docket, does SCOTUS apply the Bruen opinion to overturn them outright, does it grant cert, or does it return them to their respective appellate courts to be reconsidered in light of Bruen (seems this would be a fast test of how the lower courts will apply Bruen)?
 
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