New York Effectively Nullifies The Supreme Court’s Latest Pro-Second Amendment Decision

thefederalist ^ | 7/05/2022 | margot cleveland

[bitt]

The U.S. Supreme Court has made clear that the Second Amendment guarantees law-abiding citizens the right to keep and bear arms for self-defense, both in their homes and in public. On Friday, New York responded that it didn’t care.

New York Gov. Kathy Hochul ushered in the long Independence Day weekend on Friday by signing into law legislation crafted in response to the Supreme Court’s recent decision in New York State Rifle and Pistol Association, Inc. v. Bruen. Just more than a week earlier, the U.S. Supreme Court in Bruen had declared that New York’s prior “may issue” gun licensing scheme, which prohibited individuals from carrying concealed handguns unless they “demonstrate[d] a special need for self-protection distinguishable from that of the general community,” violated the Second Amendment. In reaching that conclusion, the high court stressed that the right to “bear arms,” by necessity, applies outside the home.

The New York legislature responded by calling an extraordinary session and then passing the bill Hochul signed into law on Friday. That hastily passed statute established detailed regulations governing a citizen’s right to obtain a permit to carry a concealed weapon and added restrictive limits to where such concealed weapons could be carried. Both aspects of the New York legislation run headlong into the Supreme Court’s analysis in Bruen—and potentially First Amendment jurisprudence.

[SJackson]

Does any state have background checks for ammo ?

Defacto in Illinois since they require an FOID. And they do monitor infractions to withdraw the FOID.

[cyclotic]

The Supremacy Clause (Article VII, Paragraph 2) would disagree with you. No state may have a law that overrides the US Constitution.

[Sacajaweau]

I think the court will say she can limit carry ONLY in Public Buildings.

Let 'er rip...

[Salvavida]

The salient issue will be: “Who has the monopoly of violence?”

The government or the people?

[hanamizu]

If they can ignore the law then the citizens can too.

---

If you get caught ignoring their law, they will put you in prison.

If they get caught ignoring a SCOTUS ruling, they’ll come back and write a new law. They won’t go to prison and they won’t pay any fine from any lawsuit out of their own pockets.

[E. Pluribus Unum]

I believe Free Republic would be considered to be social media.

[Jim W N]

The Supremacy Clause (Article VII, Paragraph 2) is not your starting point.

Your starting point are the limited, enumerated powers delegated to the feds by the Constitution via the States and the people most of which is in Art. I, Sec. 8.

You must also understand that the Constitution created the feds and is the ONLY legitimate source of any federal power.

Nowhere does the Constitution give the feds power to enforce the first ten amendments. That “incorporation doctrine” came from the Delusional Lying Left once upon a time and has been tried and found wanting.

I pray that soon that doctrine will also be officially overturned by the Court (it was once already in “The Slaughterhouse Cases” a few years after the 14A was ratified - but purposely ignored by the DEMONocRATS) . In the meantime, decisions based on that utterly unconstitutional doctrine SHOULD be nullified, even if it a decision that seems to favor the good guys because it is based on sweeping federal powers NEVER intended by the ratifiers of the 14A which is why the Left locves it so.

[little jeremiah]

Well, NY thinks they nullified it. I assume lawsuits are in the pipeline right now.

[Taxman]

Ping

[samadams2000]

Be still my heart

[Dick Bachert]

If you think the current gaggle of gangsters now occupying Capitol Hill are wiser than the Founders and the folks cited herein, you’ve got to be a Dumbocrat.
Please share this one...before the gangsters make it illegal to do so!
THESE ARE KEEPERS AND WE’LL NEED EVERY ONE OF THEM WHEN THE PUBLIC RELATIONS FIGHT GETS MORE SERIOUS. AND IT SOON WILL!
https://bearingarms.com/ranjit-singh/2022/07/04/a-compendium-of-second-amendment-quotes-for-the-fourth-of-july-n60023?bcid=8459f0af6f84cba6879c546667b978ff0a5825fd5a8d7759ab862a4c5c1826da

[T.B. Yoits]

The U.S. Supreme Court, although faithful to the lack of federal authority to regulate gun ownership, had no jurisdiction in the Bruen case because the case was about NY state law which the fed Court has no constitutional jurisdiction, the debunked and counterfeit “incorporation doctrine” notwithstanding.

State law cannot violate citizens' rights enumerated in the Constitution.

Brown v. Board of Education of Topeka , 347 U.S. 483 (1954), was a decision of the U.S. Supreme Court in which the court ruled that U.S. state [emphasis mine] laws establishing racial segregation in public schools are unconstitutional, even if the segregated schools are otherwise equal in quality.

[Houserino]

Can a state can override the constitution and implement slavery as well?

[fruser1]

That makes no sense. Explain further.

[Bellagio]

Dumbest opinion I’ve read. Full of hee-haw impotence and matter-of-fact cowardice BS.

“You like many others”?? Lol!
“In many people’s imagination...” ??

You’re a pompous ass as always Nobel, with your bloviate pretentious opinionated drivel. Who the F’ are you to talk with such arrogant and condescending snobbery. All you do is criticize and offer nothing but whining.

If you hadn’t noticed already, Jimmy... the ‘Bolshavik’ infestation has already seized control of most institutions of national and state government... and has in affect criminalized the old state empowered by the people’s will and anyone loyal to it. They are called undesirables and treated like political dissidents; enemies of the new unitary party state, the Communists.

Government IS indeed the problem, since it has been hijacked by the authoritarian Bolshevik ideologues who’ve consolidated the government into an information, thought and truth control central hive.

The people are the ‘state’ under our constitution, not those who’ve usurped the power of the state. Those are the traitors, treasonous enemy of the state.

The current ‘state’ has no power or legitimacy under our constitution. It is rogue and the people must ignore it, and be disobedient to it. Those who are in support of the rogue state must be arrested, tried for treason and all shot.

It will be the people taking back the institutions of government and the ‘state’ that will restore constitutional governance, and state authority back to the people and their consent.

[Carriage Hill]

Gee, what a surprise.

[Houserino]

[Jim W N]

Citizens’ rights are NOT enumerated in the Constitution as explained in 9A and 10A. The first 10 amendments are a sampling of rights already belonging to the people. The Constitution does not grant rights to the people like communist country’s constitutions do.

In America, GOD grants those rights (see the Declaration of Independence upon which the Constitution is based). Federal government rights are enumerated in the Constitution. If it’s not a power enumerated in the Constitution, it is NOT a federal power which is why 80+% of the feds are unconstitutional.

Nowhere does the Constitution give the feds power to enforce the first 10 amendments which are pointed exclusively at the feds and nowhere else. As the 9A and 10A explain, the States are sovereign (with a few exceptions like coining money and makeing treaties).

[FLT-bird]

Yes, the SCOTUS is plainly going to have to smack the state of NY down and smack them down hard.

[redgolum]

Difference is, they have the money and the rulers.