Posted on 04/15/2013 11:36:27 AM PDT by neverdem
As the debate over gun rights heats up on Capitol Hill, the Supreme Court on Monday denied a petition to hear a challenge to a key provision of New York state’s restrictive gun laws.
The high court without comment refused to take up a petition challenging a lower court’s upholding New York state’s requirement that citizens prove “proper cause” to carry a weapon for self-defense outside the home.
The U.S. Court of Appeals for the Second Circuit ruled in November in favor of the state.
“Our review of the history and tradition of firearm regulation does not ‘clearly demonstrate’ that limiting handgun possession in public to those who show a special need for self-protection is inconsistent with the Second Amendment,” Judge Richard C. Wesley wrote in the November opinion.
A group of New Yorkers challenging the requirement asked the Supreme Court in January to take up the case.
State Attorney General Eric T. Schneiderman hailed Monday’s decision.
“Every day, my office fights to ensure all New Yorkers are safe and secure in their communities,” Mr. Schneiderman said in a statement. “This means making sure that our state’s gun safety laws are protected and vigorously enforced. New York State has enacted sensible and effective regulations of concealed handguns, and this decision keeps those laws in place. This is a victory for families across New York who are rightly concerned about the scourge...”
--snip--
Alan Gura, counsel for the plaintiffs — five residents who had applied for a “full-carry license” — disagreed.
“The only thing worse than explicitly refusing to enforce an enumerated constitutional right would be to declare a right ‘fundamental’ while standing aside as lower courts render it worthless,” Mr. Gura wrote in a reply brief on March 26. “Few outcomes could promote as much cynicism about our legal system.”...
(Excerpt) Read more at washingtontimes.com ...
How would the Left handle any restrictions on their illusory “right” to prenatal infanticide?
Demonstrations day and night.
Picketing.
Endless phone calls.
The media would be frantic.
Huffington Post would be in full dudgeon.
Living in New York should be “proper cause” in and of itself.
Another toll from the bell sounding the end of the Republic. This is truly a sad thing. Our SC is a majority socialist now.
Stubbornly wrongheaded. Treasonous even. It is clearly unconstitutional in itself. And any judge who doesn't comprehend that needs to be removed from the bench. The part about history and tradition only demonstrates that previous generations of judges had agendas other than upholding the Constitution and therefore should be no guide for us or the SCOTUS today.
Selective review/handling of the Tenth Amendment? A moderate/liberal majority ruling, to include Justice Kennedy?
How does the Supreme court decide to accept a case? Is this done by majority vote or is it decided by the Chief Justice?
This way they don’t expose themselves to criticism for going through contortions to support the liberal position as happened with Chief Justice John Roberts in the Obamacare decision.
Illinois residents are so screwed because of this ruling.
The Illinois Legislature is considering restricting “where” you can’t carry.
Now they will restrict “who” can carry.
At least we may take comfort in the fact that in a generation or so when war comes, we shall have a somewhat significant arms & arms industry advantage over the leftist northeast. This should be nice to add to our food & energy supply advantage.
Its simply a matter of redirecting our industry to work with each other in isolation from the north and we will be ready to wage war for the restoration of liberty.
Our main problem however is time and education. Our children must know what it is to be free if they are to have any hope of remaining free.
At least we may take comfort in the fact that in a generation or so when war comes, we shall have a somewhat significant arms & arms industry advantage over the leftist northeast. This should be nice to add to our food & energy supply advantage.
Its simply a matter of redirecting our industry to work with each other in isolation from the north and we will be ready to wage war for the restoration of liberty.
Our main problem however is time and education. Our children must know what it is to be free if they are to have any hope of remaining free.
SCOTUS to NY:DROP DEAD
The Court votes at a private conference on which cases it will hear. It takes four (out of nine) votes to agree to hear a case (in court-speak, to "grant a writ of certiorari"). Sometimes, if fewer than four justices vote to hear a case but feel strongly about it, there will be an opinion by one or more justices dissenting from the denial of certiorari. There was no dissent recorded from this denial, so we don't know if one, two, three or zero justices wanted to hear it.
“criticism for going through contortions to support the liberal position”
You beat me to it.
This is the SCOTUS that created out of thin air a power to grant Congress the authority to tax individuals for failing to enter the stream of private sector commerce.
I dread the thought of Any of these 9, even as awful as they are, retiring before Obozo’s through.
We don’t need any more Kagan’s to unseat after 2017 than we’ve already got.
After their ruling on Obamacare, I wouldn’t trust their views on anything anymore.
Thanks for the explanation. It bothers me greatly that not even one justice felt strongly enough to dissent.
“Every day, my office fights to ensure all New Yorkers are safe and secure in their communities,”
By stripping them of their constitutional rights.
The supreme court is set up so that individual “justices” handle cases from their assigned districts...
question is, which justice turned down this case?????
inquiring minds want to know....
what’s the use? Roberts will just phone call Klownie the Kenyan and ask his master what to do..
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