Supreme Court Punts Second Amendment Case back to Lower Courts

AmmoLand ^ | 28 April, 2020 | Dean Weingarten

[marktwain]

The long-awaited ruling on the New York State Rifle & Pistol Association v. City of New York, was issued on 27 April, 2020.  The Supreme Court resolved almost nothing.  The Court held the case was moot, because the City of New York and the State of New York changed their law, so as to prevent the Court from ruling on the case. The Court merely maintained the unsatisfactory status quo of the Second Amendment in the lower courts.

This is exactly what those who oppose a meaningful Second Amendment demanded of the Court.

Here is a brief summation of the history of the case. Seven years ago, in 2013,  the suit was brought against the City of New York and the License Division, by several individuals and the New York State Rifle & Pistol Association.<

The restrictions on the exercise of Second Amendment rights were, and are, extreme. A carry license is nearly impossible to obtain without political connections. A premise license is slightly less difficult, but still involves large expenses and commitments of time and energy, and may be denied for a host of minor reasons.  Only about 1.29% of city residents have been issued handgun licenses. People who have premises licenses were not allowed to take their handgun outside the city. The lawsuit asked the court to find the law unconstitutional. From the dissent on April 27, 2020:

According to the complaint, the City, by limiting licensees like petitioners to the seven ranges in the City, imposed a serious burden on the exercise of their Second Amendment right. App. 36. 

[marktwain]

There are several more Second Amendment cases coming. There is a good chance the Court will agree to hear one or more of them.

[GreenLanternCorps]

The mootness issue made this case murky. That’s why it was sent back for litigation on the new ordinance .

There are several clearer cases pending in the appeals courts.

[E Pluribus Bellum]

There are several more Second Amendment cases coming.

I’m tired of waiting for the GOP (especially GOP justices, save Thomas) to support the second amendment. They want to be able to campaign on it, but when elected they don’t defend it and they often detract from it. We could have had nationwide concealed carry in Trump year one, but nooooooo.

[marktwain]

We could have had nationwide concealed carry in Trump year one,

That is assuming the GOP actually wanted to please its voters.

Paul Ryan and John McCain made sure that did not happen.

[marktwain]

We will know shortly.

Tommorrow, Friday, May first, ten cases will be heard in conference, to see if any will be granted a writ of certiorari.

We should know the outcome on Monday.