Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: mlo
"No scrutiny would allow none."

I wish I could believe that.

Under strict scrutiny California's permit system would be declared unConstitutional if California was unable to prove that it was compelled (presumably by virtue of the consequences otherwise) to have a permit system.

I see no path to challenge the permit system based on this ruling. Are you suggesting that the permit system in New York was allowed to stand simply because the plaintiffs didn't ask to have it thrown out?

Similarly, the two dozen states which require no permit do not have more crime than the other states. And yet this decision does not address the requirement that a permit be obtained. States that do not require training are doing as well or better than states which do require it. Strict scrutiny would dictate that such requirements not be allowed.

The decision includes a mention that schools are included among "sensitive places". I don't recall when that law has last been scrutinized but I doubt very much that any government could prove that they are compelled by public safety concerns to disallow firearms. So many shootings in schools; so few shootings in gun stores and police stations.

The historical basis for allowing semi-automatic firearms is only as lengthy as the New York law which was just tossed. How will pro-gunners make the case that firearms that didn't exist for the first century of the nation are protected?

120 posted on 06/23/2022 5:11:10 PM PDT by William Tell
[ Post Reply | Private Reply | To 119 | View Replies ]


To: William Tell
"Under strict scrutiny California's permit system would be declared unConstitutional if California was unable to prove that it was compelled (presumably by virtue of the consequences otherwise) to have a permit system."

Nobody is arguing a permit system is compelled. And obviously it's not, since many states don't have one. So let's leave that out since it only muddies things.

"I see no path to challenge the permit system based on this ruling. Are you suggesting that the permit system in New York was allowed to stand simply because the plaintiffs didn't ask to have it thrown out?"

The ruling literally was against New York's permit system. It did not stand, not intact. I assume what you mean is that any permit system is allowed. You should be clear about your argument.

This case wasn't about whether any permit system was constitutional. All sides agreed that a permit system is allowed. The question was whether a permit could be left to the discretion of government or whether there was a presumptive right to bear arms. The court doesn't rule on every issue someone might think is related to a topic. It rules on the cases before it.

121 posted on 06/23/2022 9:47:15 PM PDT by mlo
[ Post Reply | Private Reply | To 120 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson