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Biden Administration Asks the U.S. Supreme Court to Judicially Nullify the Right to Bear Arms
nraila.org ^ | Sept. 27, 2021

Posted on 09/27/2021 2:13:25 PM PDT by PROCON

On September 21, the Biden Administration filed an amicus brief in the pending U.S. Supreme Court case of New York Rifle & Pistol Association v. Bruen, supporting New York’s draconian and unconstitutional restrictions on the right to bear firearms in public for self-defense.

This NRA-supported challenge to New York’s “may-issue” licensing scheme for public handgun carry is the first Second Amendment challenge to a firearm law to reach the high court since 2010.

New York’s law presumptively denies the right to bear arms for self-defense unless a license applicant can demonstrate a special need for self-protection that distinguishes the person from the general population.

In practice, this means the rich and well-connected can get unrestricted carry licenses but ordinary people cannot, even if they actually face a greater risk of being violently victimized while going about their daily lives in public. The law effectively nullifies for most New Yorkers what the Supreme Court has already characterized as “the individual right to possess and carry weapons in case of confrontation.”

New York’s “may-issue” scheme in fact gives authorities so much discretion that it has fostered a culture of corruption, particularly within the Licensing Division of the New York City Police Department (NYPD). There have been repeated scandals involving the NYPD Licensing Division’s application process, with “facilitators” offering gifts and bribes to licensing personnel to approve or expedite their clients’ applications. In some cases, this has resulted in the issuance of carry licenses to applicants with otherwise disqualifying criminal histories and in criminal convictions for NYPD officers. In other locales, licenses are issued by elected sheriffs, with preference given to political donors and supporters.

(Excerpt) Read more at nraila.org ...


TOPICS: Breaking News; Constitution/Conservatism; Crime/Corruption; Government; News/Current Events; Politics/Elections; US: New York
KEYWORDS: 2ndamendment; athyhochul; banglist; biden; brianbenjamin; covidstooges; hesnutsjim; molonlabe; newyork; nra; rkba; scotus; secondamendment
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To: central_va
God-given right, protecting ourselves and our loved ones via the 2nd Amendment.

That is not the true intent of the 2A only a bi-product.

You mean it was meant only for hunting? (Just kidding, I hear ya)

81 posted on 09/27/2021 4:01:51 PM PDT by PROCON (Sic Semper Tyrannis)
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To: The Pack Knight
https://www.fbicover-up.com/justice-brett-kavanaugh.html....

Look at this....an tell me what you think of Kavanaugh now.....

82 posted on 09/27/2021 4:13:14 PM PDT by Osage Orange (1961 VW Two Door Truck)
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To: BipolarBob

Leave the guns; take the cannoli.


83 posted on 09/27/2021 4:13:34 PM PDT by gundog (It was a bright cold day in April, and the clocks were striking thirteen. )
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To: PROCON
I've read that the term "well regulated" as used in 1791 meant well-running, as a well regulated mechanical device.

It has nothing to do with "regulation" as we use it nowadays, meaning rule.

"Regular", I would wager, is the root term.

84 posted on 09/27/2021 4:14:42 PM PDT by Seaplaner (Never give in. Never give in. Never, never, never...in nothing, great or small...Winston Churchill)
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To: Hot Tabasco

The dems believe they have a streak of winning.. they believe they can lay this kind of stuff on us because they believe the public is with them... a percentage...
but they are believing what the media has been throwing out there... like AZ..biden didn’t win but the media took one sentence and blew it all out of shape.. biden didn’t win anything...
but if you are lost in evil deeds and you don’t give a flip about anything or anyone.. except themselves... each... you can convince yourself you can do anything.

they think they can pull a gun confiscation.. they are wrong.. day one they are wrong

judges have a tendency to go with the flow....the loudest voices or the largest demonstration .. or scared of them and give in... it runs in waves...
if it were not for Trump, the wave would swallow us... and this country would be gone.
people in charge are weak... they do what they have to to keep from working too hard.. they don’t care and they go with whomever is pushing the hardest.

we have been amiss for not pushing hard enough...
get our President back in and he will do more than he did the first go... fool me twice and shame on me...


85 posted on 09/27/2021 4:15:11 PM PDT by frnewsjunkie
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To: The Pack Knight

After all, history and tradition show that a variety of gun regulations have co-existed with the Second Amendment right and are consistent with that right, as the Court said in Heller.“

Yeah a variety. But “ No you can’t have a gun!” Isn’t one of them.


86 posted on 09/27/2021 4:24:43 PM PDT by TalBlack (We have a Christian duty and a patriotic duty. God help us.)
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To: BipolarBob

The Democrats caused the last, and only civil war. In 1860 they’d wanted war for decades. They were in the majority and could/should have won that election. They ran two Democrats to split the vote so Lincoln would win and foment a war, it did. The demographics are quite different today and a civil war isn’t a very practical approach for anybody. The only constant is Democrats are still crazy.


87 posted on 09/27/2021 4:24:58 PM PDT by MrKatykelly
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To: PROCON
The real question is why the 2nd Circuit didn't overturn this on the basis of the Heller decision, which was a "shall issue" order. In fact, Petitioner's questions on appeal makes exactly that point.

Specifically quoting:

New York prohibits its ordinary law-abiding citizens from carrying a handgun outside the home without a license, and it denies licenses to every citizen who fails to convince the state that he or she has “proper cause” to carry a firearm. In District of Columbia v. Heller, this Court held that the Second Amendment protects “the individual right to possess and carry weapons in case of confrontation,” 554 U.S. 570, 592 (2008), and in McDonald v. City of Chicago, the Court held that this right “is fully applicable to the States,” 561 U.S. 742, 750 (2010). For more than a decade since then, numerous courts of appeals have squarely divided on this critical question: whether the Second Amendment allows the government to deprive ordinary law-abiding citizens of the right to possess and carry a handgun outside the home. This circuit split is open and acknowledged, and it is squarely presented by this petition, in which the Second Circuit affirmed the constitutionality of a New York regime that prohibits law-abiding individuals from carrying a handgun unless they first demonstrate some form of “proper cause” that distinguishes them from the body of “the people” protected by the Second Amendment. The time has come for this Court to resolve this critical constitutional impasse and reaffirm the citizens’ fundamental right to carry a handgun for self-defense.

The question presented is: Whether the Second Amendment allows the government to prohibit ordinary lawabiding citizens from carrying handguns outside the home for self- defense

In granting cert, the Supreme Court ordered "[CERT] GRANTED LIMITED TO THE FOLLOWING QUESTION: WHETHER THE STATE'S DENIAL OF PETITIONERS' APPLICATIONS FOR CONCEALED-CARRY LICENSES FOR SELF-DEFENSE VIOLATED THE SECOND AMENDMENT.

88 posted on 09/27/2021 4:27:04 PM PDT by AndyJackson
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To: Dutch Boy

Many, many years ago Bill Ayers, a leader of the Weather Underground, is quoted as saying “they would need to eliminate 30 million Americans to install a Communist government in America” Well I’m sure 50 years later that number has grown to 50-60 million, but make mo mistake they plan on murdering all who oppose them, man, woman and child.


89 posted on 09/27/2021 4:28:24 PM PDT by stockpirate (Rebellion to tyranny is obedience to God., Where Justice Ends Tyranny Begins)
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To: PROCON

In answer.. how about we ask the Supreme Court to judicially ban all abortions.

and add to that, ask the Supreme Court to close all our borders and round up all illegals and send them back.


90 posted on 09/27/2021 4:30:00 PM PDT by frnewsjunkie
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To: DCBryan1

“Trump went into DC thinking he could negotiate in good faith. He took BAD advice from inside the beltway RINOs. No one ever explained to him that the left wants us all dead. He didn’t figure that out until 2019.”

I’d still like to know who in Trump’s trusted inner circle led him astray as I don’t think Trump relied entirely on people outside his circle to help him decide who to appoint or nominate.


91 posted on 09/27/2021 4:31:03 PM PDT by Armscor38
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To: PROCON
If SCOTUS refused to stop the steal in January they'll punt on this one too. The logic will be something like “the plaintiffs lacked standing” (like with their inaction last January). IOW they'll rule against it without really ruling against it.
92 posted on 09/27/2021 4:33:08 PM PDT by Gay State Conservative (Covid Is All About Mail In Balloting)
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To: Armscor38

Just like talk radio died with Rush. When Trump quits politics for any reason the GOP is finished....


93 posted on 09/27/2021 4:33:29 PM PDT by central_va (I won't be reconstructed and I do not give a damn...)
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To: PROCON
The Bill of Rights is part of the Constitution (specifically, it is the first ten amendments) and, like other parts of the Constitution, can only be changed by amendment or by a constitutional convention.

If the SCOTUS doesn't know and apply this funamental fact about our Constitution, any ruling contrary must be ignored by the people and the criminal justices removed by the people by any means necessary.

94 posted on 09/27/2021 4:36:27 PM PDT by JesusIsLord
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When SCOTUS overturns Bruen 6-3 in 2022 on the basis of Heller, there will be exactly three posts in that thread, and two of them will be mine.

Vive la FRacebook!

95 posted on 09/27/2021 4:38:21 PM PDT by StAnDeliver (Each of you have at least ONE of these in your 401k: Pfizer, Moderna, AstraZeneca, Johnson & Johnson)
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To: antidemoncrat

Bkmk New York


96 posted on 09/27/2021 4:45:26 PM PDT by ptsal (Vote R.E.D. >>>Remove Every Democrat ***)
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To: PROCON

Anyone still doubt whether we are under dictator reign? These bastards are charging ‘pedal to the metal’ to destroy America.


97 posted on 09/27/2021 4:47:55 PM PDT by iontheball
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To: PROCON; Chode; SkyDancer; Salamander; carriage_hill; Lockbox; All
going for the kill-shot

No the demonratcommieblmantifaterrorscumfeminazipedophilegoatrapers will learn the hard way.

FO YOU SCUMBAGS!!!

98 posted on 09/27/2021 4:56:12 PM PDT by mabarker1 ((Congress- the opposite of PROGRESS!!! A fraud, a hypocrite, a liar. I'm a member of Congress !!!!)
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To: PROCON

ping


99 posted on 09/27/2021 4:56:17 PM PDT by gloryblaze
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To: PROCON

This cannot be separated from the attempt to mandate the Chicom kill shots, violating the God-given personal property rights of individuals. The empty words of FRoctors who say they are not for govt mandates, yet support corporate mandates based on the same Chicom science, will not be forgotten. Traitors.


100 posted on 09/27/2021 5:00:24 PM PDT by SecAmndmt (Cv19 vaccines are Phase 2 of the CCP bioweapon)
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