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 ...
See comment# 14.
I know we are conservative and supposed to support the USSC but when will we all smell the coffee?
5-4, 5-4, 5-4..... Ad infinitum, of “decisions” and worst of all refusals to even hear a case which affects directly “SHALL NOT BE INFRINGED” should tell anyone with a functioning brain that the USSC is nothing but a bunch of political hacks doing the bidding of an out of constitutional bounds government.
Our lying politicians on both sides of the aisle (really just one side some leaning left others leaning because they have no spine) tell us these are the brightest legal minds and belong on the USSC bench.
BULL Excrement! If they are so fricken bright how come they cannot agree on a rather simple document? The US Constitution is certainly simple in today’s world of thousand page laws.
The USSC is the one of the two parts of the foundation of the country where our Founders failed us.
The Founders could have never anticipated judges who reached this level would be so politically corrupt as to destroy the country and the Constitution.
The second failure was “Freedom of the Press” as they thought competition would keep the press honest ENOUGH to expose any excesses of the government.
“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.”
Strange that right of privacy does not apply to our 2nd Amendment rights, nor to our ability to travel without warrantless searches of our property, nor our right to e-mail messages, etc.
I will from this day forward remain silent during the singing of the Nation Anthem when it reaches the “Land of the Free and the Home of the Brave” as neither applies and in fact is now EXACTLY the opposite.
“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.”
You cannot send impressionable young minds to government indoctrination centers from K (or pre-K) to 12th grade and expect them to see the brilliance of the Founders and what HAD made this the greatest country until we strayed off the path.
Reading the many posts it is obvious the message is not getting through and we will fail.
1) Home school if you have the time.
2) Private school if you have the money.
3) A more constitutionally based Charter school if you absolutely cannot do 1 or 2.
4) Give up and turn it all over to the communists as that is what we are doing. How embarrassing and stupid. Anything done with young minds (your kids or grand kids) beyond choices 1, 2, 3 is deliberately handing their minds to communists so if you want to see the person at fault, look in the mirror.
Imagine the coverage Gosnell would have gotten if Instead, he’d shot up an abortion clinic with an AR-15.
[[Supreme Court won’t hear New York gun law challenge]]
Of course they own’t because it’s a constitutional issue, and as we nkow, the traitor john roberts has stated that it’;s not the supreme court’s job to ‘protect the american from their bad choices’ - essentialy givign current pres and any state the right to vioalte our constitutional rights- our last lien of defence agaisnt a tyranical governemnt was systematically undermiend by an activist judge
Why is the 1st incorporated, but not the 2nd, lol? Our government has a perpetual hypocrisy problem that only gets worse by the millisecond.
[[BULL Excrement! If they are so fricken bright how come they cannot agree on a rather simple document?]]
Because it’s NOT abotu law any longer- it’s NOT abotu beign objective and deciding a case based on law- it’s abotu legislatign from the bench and abotu coddlign biases
Disgusting.
SCOTUS also refused to heard Heller II. Heller II was a DC Circuit case, holding that a ban on magazines holding more than 10 rounds is constitutional.
No. They just decided they didn't want to hear it. The four definitely liberal justices on the Supreme Court could have granted "cert." They didn't. They obviously don't have enough confidence that either Kennedy or Roberts would join them.
The 2nd was incorporated in the McDonald v. Chicago decision.
Whoops, thanks but seems incorporation does not have teeth, especially in public locals and State restrictions. What exactly does infringe mean?
While I am a fan of private and homeschooling. I also recognize that we cannot expect a our current population as torn down as it is by the costs of Government taxation and regulation both direct & indirect to be able to afford to educate themselves by these standards.
Today unlike 50 years ago a family must have both parents working just to support themselves and assuming they even have two parents which is increasingly uncommon among our people.
While we should encourage and set a goal towards the privatization of the school system, we have not that power in most all of our states including many of the most conservative states and our people have not the means to support that anyway under current burdens.
We must therefore expend all efforts to take over the public schools in the states and communities in which we have power. To force them to teach about real freedom from John Loche to Thomas Jefferson. Our children MUST know what it is to be free or they will have no hope of preserving that freedom.
I hear where you are coming from Monoprise however, if we truly believe our children are the most precious then we have to sacrifice our cable, vacation, new car, nights out... to keep them and their minds out of government hands.
How can anyone expect this to turn around and let our youth know what the founders did what they did if we keep giving them to the Stasi unionized government schools?
Government schools are insidious and will do anything possible to implement the communist manifesto even if some of the teachers are clueless as to the fact they are doing it.
If you cannot afford the time to home school or cannot afford private school, then do everything humanly possible to find a more conservative Charter School in your area and defund the public monopoly on your children’s minds.
Any other action which leaves them in public schools just hastens our slide into central planning, government control and ultimately communism.
“I hear where you are coming from Monoprise however, if we truly believe our children are the most precious then we have to sacrifice our cable, vacation, new car, nights out... to keep them and their minds out of government hands.”
I can’t say I disagree but with a large share of our child population being raised either by a single parent who doesn’t have the money even after cutting all of them things or two parents in a likewise situation I don’t see how that is do able for large and sinficanct sections of our population.
Do theses things yes, but don’t give up on fixing public schools. At the very least our tax dollars should not go to a school that doesn’t teach children to cherish freedom as John Loche and Thomas Jefferson defined it.
I admit we have an enormous challenge before us. Probably a challenge that is insurmountable in liberal areas. But we also do have areas of this federation where we do have the power to do this. We must teach about freedom in theses areas at least.
The children in theses areas must know of the ideas of John Loche so that they know how their civization operates and how they personally can operate without harming others.
We must uses our power over the public schools to see to it that this is their primarly objective. After all We the people of the state have no greater interest in the education of other people’s children than to see to it that they know how to live in a free country without trampling upon the freedom of others.
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