Posted on 10/01/2019 5:33:03 AM PDT by Black_Rifle_Gunsmith
The biggest gun control case in over a decade might end up on the desks of America's highest court -- and for once, gun control advocates don't want it to.
Let's explain why:
That includes traveling outside of New York City. Yes, New York City's elected officials passed legislation that prevented gun owners from freely leaving their homes - and even the city itself - with their handguns. One could not legally leave the state with a handgun. Ever. If you owned a handgun and wanted to leave the city with it, you would've had to obtain a "hunting authorization" first.
Some might call that a pretty big restriction on the Second Amendment.
Some gun advocates decided to challenge the order. Frightened that the case would escalate and hit the Supreme Court (where it would most likely be struck down and more importantly, establish a Second Amendment-friendly legal precedent), the state acquiesced: City officials re-wrote the law to allow New York City residents to travel to and from gun ranges and second homes outside the city.
Only it may not be enough. The Court might hear the case anyway.
An excerpt from the argument against the case being heard by the Court reads:
"Amici are professors of law who focus their research, scholarship, and teaching on federal courts, federalism, and the role of the federal judiciary in our legal system. Amici do not all agree on the best understanding of the Second Amendment or the best regulatory policies for firearms. But each agrees that this case is moot under well-established Article III principles...
State law now grants petitioners all that they demanded in federal court. The claims in petitioners complaint are therefore moot. No federal court has authority to offer an opinion on constitutional law without a live case or controversy under Article III. An ongoing disagreement about laweven federal constitutional lawis insufficient on its own to sustain Article III power."
Unfortunately for anti-gunners, the Supreme Court has not appeared to yield. Tomorrow, October 1, the Justices are scheduled to discuss whether to dismiss the case. This revelation and the potential for the case to be heard - and an important 2A precedent to be set - is particularly worrying for anti-gunners, for one reason.
In the ruling, Justice Antonin Scalia wrote that existing prohibitions against the possession of a firearm, including existing bans of "dangerous and unusual weapons", were still valid. Justice Stevens revealed that Justice Kennedy also asked for some important changes to be made to Scalia's original opinion, ensuring that the language in the case's decision "should not be taken to cast doubt on existing gun laws". But Justice Kennedy is gone. A more gun-friendly conservative took his place. That would be Justice Brett Kavanaugh.
Building on Kavanaugh's opinion in Heller, that case did something else that anti-gunners aren't happy about: It wiped out the Court's prior interpretations that the Second Amendment mostly existed to ensure a "well-regulated militia be maintained for the free state". Instead, the new jurisprudence now rests on the individual's right to keep and bear arms. Except the Supreme Court has heard no cases which flesh out this new precedent or ideology since ruling on Heller.
The New York State Rifle & Pistol Association v. City of New York, if heard by the Court, is about to change all that.
Justice Kavanaugh is likely to see this case as the first test against (or opportunity to affirm) the individual's right to bear arms. Given his prior written opinions on Heller, the odds the Court will rule in favor of New York City's gun control advocates are slim.
In a House Judiciary Committee hearing last week, Democrats called for outright banning most, if not all, weapons. One legislator stated, "I believe that any weapon that can be used to hunt individuals should be banned." New York attempted to push its own version of a ban without any due process. Attorney General Letitia James sent cease-and-desist orders to 16 websites - including 80-Lower.com - demanding they stop selling 80% lowers and AR-15 kits.
These kits include a receiver blank (an unfinished firearm) that the user must complete at home. This is a legal practice long established by the ATF and Gun Control Act of 1968. Nevertheless, New York is now in the fight against the black rifle once again, and companies are working to scrutinize the legal standing of the demands. All signs point to the high possibility the Supreme Court will hear quite a few more gun control cases within the next two to four years.
Roberts has become the new Kennedy.
Something radically wrong with having our liberty in the hands of and subject to the whims of 9 politicians in robes.
Don’t get your hopes up too much. Roberts is a traitor to the Constitution, and RBG is still on the court.
Change that to any weapon you deem necessary...regardless if the police carry it or not.
Never let a crisis go to waste. Especially if that crisis equals taking freedoms from citizens. For the children sake.
He has done some really amzaing things, but if he believes that only governments and criminals should have gun rights, what’s next . Free speech rights. Religious liberty....
Where does he draw the line?
I kinda wxpected him to veer left after immediately responding to the fake syrian crisis by giving in...
Then the bumpstock ban.
In between, he has some great foreign policies.
I believe that this is one reason the Donkey party is going to try for impeachment of Trump.If Ruth Ginsburg checks out which maybe soon and impeachment hearings are underway the dems will have a perfect excuse to stop Trump from appointing another justice.They will drag the hearings out forever if need be.
At least we can now laugh in the face of any liberal who insists that “Nobody wants to take away your guns!!!”
Oh no, it’s now bare naked “We’re coming for your guns!!!”
That way lies civil war. They want war, they’ll get war.
“Well that makes 2 of us on FR. Everyone has gone obamacare silent on his gun control package, including the he nra.
Meanwhile police departments are used to bypass posse comitatus.. the dept of Ed, the Irs and Noaa all have fully automatic weapons and we cannot even get a bumpstock.”
My grandfathers could have (but regrettably didn’t) walked into a hardware store, plunked down some cash, and walked out with a full auto of their choice - no tax stamp, no background check, no chief LEO permission, no registration of their ownership. My father couldn’t do that, but at least he could have (but regrettably didn’t) bought a 20mm Solothurn anti-tank cannon via the mail, with no background check and no registration. I cannot do that - but at least I could have (but regrettably didn’t, as I didn’t have the money) to buy a brand new full auto up until May, 1986 (though living in NJ, that would have been very problematic). My kids can do NONE of those things! How can something be a right if it is not valid across all states in all time periods?
Oh, and chris37, I agree with you regarding nobody being able to tell me what I can and cannot own. My paternal grandfather’s father was a reasonably well-to-do man in Russia in the early 20th century. He got that way by working hard and by risking his capital - first to expand a small water delivery business that he inherited into a large one employing about 50 people, and second by taking some of the profits he earned and building (literally, with his own hands and the labor of some of his sons) 14 homes to rent out. Come the Revolution, and the Communists took everything except his house. Fast forward to 1936, when he was 73 and suffering from cancer. Having no ability to work, and having no investment income, he had to do something to earn money to feed himself and my great grandmother - so he rented out 3/4 of his house to 3 other families. Well, somebody ratted him out to the NKVD, and they dragged him off to prison and beat the crap out of him for several months. He was released, and then dragged back in during 1937, and this time beaten so badly that he was released to die at home. So the bastards murdered my great grandfather, after having stolen everything that he worked for over the course of a lifetime. Separately, my mother’s family was from Poland. Only 4 years after my GGF was murdered by Russian Leftists, about 100 of my distant relatives were murdered by German Leftists, either outright in their homes, or at the work camp or death camp (2 separate facilities) at Treblinka. What my GGF and these relatives on my mother’s side (and everyone around them, of course) had in common was the utter inability to say, “No!” to the government. That’s because they didn’t have a 2nd Amendment, and their governments ensured that the number of civilians with guns was tightly regulated and restricted. While the same type of titanic political forces that victimized my family in Europe during the last century might someday victimize my family and myself, at least I am utterly certain that THIS TIME WILL NOT BE FOR FREE! Why? Because I’m not giving anything to anyone if I don’t want to do so. That is simply not open for discussion - especially since the American Leftists of today are making similar ideological noises to the Russian and German Leftists of the 20th century, and now they want to ban guns. My answer to that is: “No. Your move.”
Brace for a conveniently timed Mass Shooting to occur right before any SCOTUS Decision on the Second Amendment.
No, it is not ludicrous. He meant what he said and said what he meant. He knew what he was saying. He wants them banned because it is him or his Government Goons that may be hunted. Plus he wants you to be helpless to resist when he decides it is time for you to go.
This is a big reason domestic enemy number one, the commiecrats, are trying to illegally evict President Trump from his duly elected position. The commies have to change the make up of the Supreme Court in order to advance their heinous gun-grabbing, globalist, and cultural breakdown of American society.
Roberts has become the new Kennedy.
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We need two more nominations before we have a conservative court.
There should be. The word "repeal" should be prominently featured in it.
Mr. President: What gun control 'laws' do you propose to REPEAL?
I am glad we dont agree on everything.. questioning each other and our leadership will keep a Republic healthy. Thanks for posting.
People who never question or criticize leadership are dangerous to our Republic.
3 people with constitutional principles is a darned good start.
Judge Gorsuch is the big pivot on guns. He is a sportsman and shooter. He will not be permitting any Shiela Jackson Lee distortions to enter the debate.
Im convinced Leftists are more worried about strict constructionist Justices striking down their gun grabbing than they are about any other issue. They talk Roe V Wade a lot but gun grabbing goes to the heart of their agenda to centralize all power in the hands of government.
EXACTLY SO.
Yours, TMN78247
18 U.S. Code § 926A. Interstate transportation of firearms :
Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle without a compartment separate from the drivers compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console.Although the title mentions interstate, the text does not.
Then again, the text and title would seem to allow somebody to transport the gun from NYC to (for example) Vermont, then from Vermont to Upstate NY.
With that law in place, if the cops came to your home and demanded your registered guns, and you told them that they were elsewhere, outside their jurisdiction, they could then arrest you for illegally transporting the guns.
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